BASSEY NKANTA MBANG V. W/PC JANET C.O.P. AKWA-IBOM STATE ELDER GODWIN MBANG NKANTA

NWEZE JCA (DELIVERING THE LEADING JUDGMENT): Elder Godwin Mbang Nkanta, the third respondent in this appeal, (as applicant), commenced an action against the appellant in this appeal (Bassey Nkanta Mbang), the first and second respondents herein under the Fundamental Rights (Enforcement Procedure) Rules, 2009, at the High Court of Akwa Ibom State, Eket Judicial Division. He claimed declaratory; injunctive and other reliefs against them for allegedly infringing on his fundamental rights.

The appellant herein (which was the first respondent to the application), rebutted the applicant’s allegations against him through his counter-affidavit. However, the first and second respondents in this appeal (as second and third respondents to the application) did not file any counter affidavit in rebuttal of the averments against them. Written addresses were filed and exchanged. At the hearing of the application, counsel for the parties adopted their addresses whereupon the court (hereinafter, simp…