MRS BLESSING DKC NWEKE V. MRS. PEACE NWODU DKC NWEKE & ANOR

RITA N. PEMU (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Federal High Court, holden at Awka, and presided over by Honorable Justice M. I. Abubakar, delivered on the 20th of November, 2013 in Suit No. FHC/AWK/CS/94/2013.

FACTS IN BRIEF

The Appellant was the applicant in the Court below, in an application for the enforcement of her fundamental right.

The lower Court had ruled that the applicants Suit fell within matrimonial causes under customary marriages, and was outside the provisions of Sections 251 of the Constitution of the Federal Republic of Nigeria 1999, which confers jurisdiction on the Federal High Court.

It is against this decision that this appeal emanates.

The Applicant (Appellant in the present appeal) alleged that on the 1st of August 2013, she was prevented from entering her one room apartment in the family house of late Prince DKC Nweke, who was her husband. She was also prevented from participating with her children, parents, and other …