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H.R.H. OBOL UBI UJONG INAH BARRISTER OBETEN OKORM OBETEN BARRISTER UTUM UBI ETENG BARRISTER CLEMENT OJOR CORNELIUS IKPI EDET (OKPEBIRI) V. MR. MARCUS UKOI

(2001) JELR 53096 (CA)

Court of Appeal  •  CA/E/195/98  •  29 Nov 2001  •  Nigeria

Coram
DENNIS O. EDOZIE, JCA, (Presided and Read the Lead Judgment) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA

Judgement

EDOZIE, JCA (Delivering the Leading Judgment): This interlocutory appeal raises in the main the controversy or vexed question of the power of the Federal High Court to entertain applications for the Enforcement of Fundamental Rights under Chapter IV of the 1979 Constitution. The parties in this appeal are from Ugep in Yakurr Local Government Area of Cross River State. The 1st appellant is the traditional ruler of Ugep and holds the title of Obol Lopon of Ugep. The respondent Marcus Okoi is a businessman trading on drinks and fish at Ugep. In 1996, he lodged a complaint to the Nigerian Police Force about threat to his life. In the course of investigation the police invited persons including the respondent and 1st appellant herein to the office of the Commissioner of Police, Calabar where they were advised to maintain peace. On return to Ugep, the people of Ugep set up a committee comprising 12 persons of whom, 2nd to 5th appellants were alleged to be members to look into the circumst…

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