UZO IFEYINWA NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lagos Division delivered by I. M. Sani J on 3rd of April, 2009. The Applicant now Appellant in this appeal, initiated this action by way of a motion ex-parte filed on 30th April, 2008. The application was brought under Order 2 Rules 1 and 3 and Order 4 of the Fundamental Rights (Enforcement Procedure) Rules, 1979. In the application, the Appellant sought the leave of the Court to bring an application for the enforcement of its Fundamental Right as provided under Section 40 and 44 of the 1999 Constitution and an order that the leave granted shall operate as a stay of all actions of the Respondent.
After considering the application of the Appellant, the trial judge granted only leave for the Appellant to enforce its Fundamental Rights and pursuant thereto the Appellant on 10th June, 2008, filed a motion on notice. The reliefs sought were:
1. A Declaration that…