SCC NIGERIA LIMITED & ANOR V. MR. FIDELIS JOSEPH & ANOR

HARUNA SIMON TSAMMANI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division, delivered on the 18th day of March, 2020 in Appeal No.CA/A/223/2016.

The 1st respondent as applicant before the High Court of the Federal Capital Territory, Abuja had instituted the suit against the appellants and the 2nd respondent by way of an application, seeking the enforcement of his fundamental rights, pursuant to Order 2 rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and Articles 2 and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 9 Laws of the Federation. By the statement made pursuant to Order II rule 3 of the Fundamental Rights (Enforcement Procedure) Rules (supra), the said applicant/1st respondent sought the following reliefs:

(a) A declaration that the allegation of theft, arrest and …