OGUNDARE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (Benin Division) wherein the appeal of the applicant (now respondent before us) was allowed and judgment was entered in his favour in terms of his prayers before the trial High Court which had earlier refused those prayers.
The respondent, as applicant, had in a motion filed on 26/2/87 in the High Court of the now defunct Bendel State in the Warri Judicial Division prayed the court pursuant to section 42(1) of the Constitution of the Federal Republic of Nigeria, 1979 and Order 1 rule 2 of Fundamental Rights (Enforcement Procedure) Rules, 1979, for leave to bring an application.
"for redress of the breach of the rights of assembly and association of the plaintiff/applicant when he was unlawfully and summarily dismissed from work by the defendants on the 28th of February, 1986 by locking him out and by notice at the gate of the defendants' premises at Enerhen for his declari…