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RIVERS STATE MICROFINANCE AGENCY V. MRS. DIALABA S. D. ISOKARIARI & ANOR

(2018) JELR 38932 (CA)

Court of Appeal  •  CA/PH/91/2015  •  9 Jul 2018  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; ISAIAH OLUFEMI AKEJU JCA; BITRUS GYARAZAMA SANGA JCA;

Appearances
D. I. Okwakpam, Esq. with him, O. M. Okwakpam, Esq. For Appellant E. B. Nnaji, Esq. for the 1st Respondent in the main Appeal & The 2nd Respondent in the Cross Appeal.I. Agwu, Esq. (Legal Officer EFCC)for the 2nd Respondent/Cross Appellant For Respondent

Judgement

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): This Suit No. FHC/FHR/179/2013 was commenced by the 1st Respondent as Applicant before the Federal High Court of Nigeria Port Harcourt Judicial Division H.A. NGANJIWA J. presiding. The Applicant sued the Appellant and 2nd Respondent as 1st and 2nd Respondents to enforce her Fundamental Rights via a Motion on Notice pursuant to Order 2 Rules 1, 2, 3, 4 and 5 of the Fundamental Human Rights (Enforcement Procedure) Rules, 2009 and Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the inherent jurisdiction of the trial Court seeking for the following reliefs: -

i) A DECLARATION that in the exercise of the applicants fundamental human right and constitutional right, the applicant is entitled to her personal liberty save as may be constitutionally deprived as may be provided for in the provisions of Section 35 of the 1999 Constitution of the Federal Republic of Nigeria, as Amended a…

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