BODE RHODES-VIVOUR, JCA (Delivering the Leading Judgment): This is on appeal from the Ruling of Hon. Justice Hussain Mukhtar (as he then was) of the High Court of the Federal Capital Territory, Wuse, Abuja, delivered on 4/1/05 in Suit No. FCT/HC/M/545/04. The facts and circumstances of the case are rather straightforward.
The appellant at the time of his application before the court below was a civil servant working with the Ministry of federal Capital Territory Abuja.
On 1/8/03 he was allocated a two Bedroom house in Kubwa, Abuja. He moved into the house immediately but between November and December 2004 the respondent attempted to evict him from the house. On yet another occasion he was forcefully dragged out of the house.
Realising the grave physical threat to his well being he filed all application for the enforcement of his fundamental human rights. The application came before H. Mukhtar J. On 22/12/04 His Lordship granted Leave to the appellant/applicant to enforce his fundamen…