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EMMANUEL NJOEMANA V. BARRISTER FRANK ONYEBUCHI UGBOMA & ANOR

(2014) JELR 42423 (CA)

Court of Appeal  •  CA/OW/323/2010  •  27 Feb 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Appearances
Williams N. Opara Esq. For Appellant Emeka Ozoani Esq; with I. M. Manunne (Miss) Esq; G. W. Manufor and F. I. Osudike (Miss) Esq. For Respondent

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The 1st Respondent in this Appeal had pursuant to the leave of the Federal High Court, Owerri Judicial Division Coram F. A. OLUBANJO, J. granted on the 19th day of October, 2009 filed a Motion on Notice at the Court below for the enforcement of his fundamental Rights and prayed for the following reliefs viz:

"(a) A DECLARATION that the threats, intimidation and harassment of the Applicant by the 1st Respondent and his cohorts since 1st September, 2009 till date is a gross violation of this applicant's Fundamental Right.

(b) A DECLARATION that the actions of the 1st Respondent and his cohorts amount to threats to the rights of life, liberty and dignity of human person against the applicant as protected and guaranteed under Sections 33(1), 34(1)(a) and 35(1) of the 1999 Constitution of the Federal Republic of Nigeria.

(c) AN ORDER of the Court directing the 2nd Respondent to call to Order the 1st Respondent and to take discipl…

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