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MR. PATRICK DOMINIC OKON v. THE AKWA IBOM SECTOR COMMANDER, FEDERAL ROAD SAFETY COMMISSION UYO & ANOR

(2017) JELR 37314 (CA)

Court of Appeal  •  CA/C/94/2011  •  6 Jul 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is consequent upon the judgment of the Federal High Court, Uyo, delivered on March 24, 2011 in suit No. FHC/UY/CS/56/2010. By the said judgment, the Court below Coram A. I. Chikere, declined jurisdiction to entertain the suit and thus struck out same.

BACKGROUND FACTS

The facts and circumstances surrounding the appeal are gleanable from the records of appeal, transmitted to this Court on May 13, 2011. On April 23, 2010 the Appellant filed an originating motion on Notice in the Court below thereby seeking to enforce the fundamental rights thereof pursuant to Order 2 Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Sections 34 (1) (a), 35, 36, 41, 44, 45 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. The reliefs sought in the application are to the effect thus:

(a) A declaration as wrongful and a breach of the fundamental right, of the 1st…

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