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MR. EMEKA OKAFOR & ORS V. CHIEF HON. JOSEPH OSITA EZEATU

(2018) JELR 39135 (CA)

Court of Appeal  •  CA/E/165/2015  •  13 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Chief J.N. Okonkwo, Esq. with him, Lolo Chinelo Okonkwo, Esq. For Appellant Emella Anyeretu, Esq. with him, Obinna Ojiofo, Esq. For Respondent

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of the High Court of Anambra State delivered by Hon. Justice Chukwudi C. Okaa on 30th June, 2014 allowing the Appellants Preliminary Objection and striking out the Respondents Originating Application.

The Respondent commenced the proceedings under the Fundamental Rights Enforcement (Procedure) Rules. He filed a statement, affidavit and written address for the enforcement of his fundamental Human Right against the Appellants as Respondents at the High Court of Justice Idemili judicial Division Ogidi seeking for the following reliefs:

1. A declaration of the Court that the writing of a letter, signed by the Respondents Ex Communicating the Applicant without lawful justification is null, void and a contravention of S. 34 and S. 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

2. A declaration of the Court that publication of the purported letter of Ex Communication o…

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