NGWUTA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment delivered by the Owerri Division of the Court of Appeal in Appeal No. CA/PH/17/2009. The judgment was delivered on the 20th day of January, 2015.
In an ex-parte application filed on 4th October, 2004 pursuant to Fundamental Rights (Enforcement) Rules, 1979 the applicant, Mr. Cyril Maduagwu (now 1st respondent in the appeal) sought the following reliefs:
“(a) An order granting leave to the applicant to apply for the enforcement of his fundamental right guaranteed by section 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999, viz right to personal liberty and right to freedom of movement.
(b) An order that the leave if so granted in this application shall operate as a stay of all action or mutter reality thereto or connected herewith the complaint until the determinant of the motion on notice.
(c)And for such further action(s) as the Honourable Court may deem fit to make in the circumsta…