P.E. BITUMEN RESOURCES (NIG) LTD V. COCEAN (NIG) INTEGRATED LTD & 4 ORS

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Lead Ruling): By an originating motion filed on the 25th day of September, 2023, the 1st Respondent/Applicant, an association of shipowners operating in Nigeria, brought an action against the Appellant together with the 2nd-5th Respondents, before the Federal High Court, Port Harcourt Division (the lower Court), Coram: S.D. Pam, J., in Suit No: FHC/PH/CS/FHR/318/2023, for the enforcement of her fundamental rights in terms of the following reliefs:

1. An order enforcing the fundamental rights of the Applicant in terms of its right to be heard, pursuant to Sections 36(1) and 46, Constitution of the Federal Republic of Nigeria, 1999 (as amended).

2. A declaration by the honourable Court that the acts of the Respondents as contained in the Procedural Order No. 4 issued by the 2nd-5th Respondents on the 13th day of September, 2023, amounts to a violation of the Applicant's fundamental rights, thereby subjecting the Applicant to degrading treatment wi…