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THE STATE SECURITY SERVICE & ANOR v. MALLAM NASIR EL-RUFAI, OFR

(2018) JELR 38448 (CA)

Court of Appeal  •  CA/E/641/2014  •  18 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Awka Judicial Division (hereinafter referred to as the trial Court), in Suit No. FHC/AWK/CS/310/2013 per I. B. Gafai J., delivered on 29th of September, 2014.

At the trial Court, the Respondent as Applicant commenced an application against the Appellants as Respondents vide a motion on notice dated and filed on 19th of December, 2013. The application was commenced pursuant to Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 as preserved by Section 315 of the Constitution of the Federal Republic of Nigeria, 1999 as amended; Sections 35, 38, 39, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 as amended; Articles 6, 9(2), 10(1), 11 and 12(1) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004 and the inherent jurisdiā€¦

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