OMOKRI, JCA (Delivering the Leading Judgment): This is an appeal brought by the appellants against the Ruling of Michael Edem, J., of the High Court of Cross River State, sitting at Calabar, in suit No. HC/MSC/183/2001 delivered on 10/9/2001.
The present respondent was one of the applicants before the court below. He alleged that on 11/18/2001 at about 6.10 a.m. he and other occupants were forcefully and unlawfully thrown out of his residence at No. 20 Ikot Esu Square, Diamond Hill, Calabar, by officers and men of the Nigerian Navy. He also alleged that they destroyed his house and other properties and held him hostage on the said property for eight hours. Sequel to the flagrant and unlawful abuse of his fundamental rights, the respondent on the 13/8/01 filed a motion ex-parte before the High Court of Cross River State for leave for the enforcement of his fundamental rights under the Fundamental Rights (Enforcement Procedure) Rules, 1979. Leave was granted to the respondent according…