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SADIQ NUHU v. DIRECTOR OF STATE SECURITY SERVICE KWARA STATE COMMAND

(2017) JELR 38067 (CA)

Court of Appeal  •  CA/IL/11/2016  •  4 May 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of A. O. Faji of the Federal High Court Ilorin in suit No: FHC/IL/CS/6/2012, delivered on the 8th of December, 2015; wherein the learned trial judge dismissed the appellants application brought by way of a motion exparte, filed on the 27th of November, 2015.

The facts generating the instant appeal do not appear to be in dispute. It is on record that the appellant as applicant in suit No: FHC/IL/CS/6/2012, before the lower Court, initially applied for the enforcement of his fundamental Rights, and the records show that appellants action before the trial Court succeeded wherefore, appellant was awarded damages of N2, 000,000 by the trial Court.

Dissatisfied with the said decision, the respondent herein appealed to this Court, and the appeal with appeal No: CA/IL/35/2013, partly succeeded in favour of the appellant in that, the costs of N2,000,000 was considered excessive, and reduced to N320,0…

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