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ALHAJI SHEHU OLORUNLAMBE & ORS v. COMMISSIONER OF POLICE, KWARA STATE & ORS

(2018) JELR 38344 (CA)

Court of Appeal  •  CA/IL/85/16  •  28 Aug 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the Ruling of the Federal High Court delivered on the 19th day of April, 2016 by O.O. Oguntoyinbo, J., in which the trial Court suo motu raised the issue of jurisdiction on the competency of the trial Court to hear and determine the Appellants application for the enforcement of their fundamental rights against the Respondents on a matter which the trial Court held bordered on land dispute. The trial Court after hearing the parties held that it had no jurisdiction to entertain the Appellants application and struck out the matter.

The background facts are that the Appellants as applicants filed an application for themselves and on behalf of their respective families for the enforcement of their fundamental rights, pursuant to the provisions of the Fundamental Rights (Enforcement Procedure) Rules 2009 claiming the following reliefs:

1. A Declaration that the arrest of the Applicants on their family land at Ma…

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