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THE GOVERNOR OF KOGI STATE & ORS. v. COL. HASSAN YAKUBU (RTD.) THE EJEH OF ANKPA & ANOR.

(2001) JELR 23500 (SC)

Supreme Court  •  SC.100/1997  •  2 Mar 2001  •  Nigeria

Coram
UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

MOHAMMED, JSC (Delivering the Leading Judgment): Col. Hassan Yakubu (RTD), was the Ejeh of Ankpa, a first class traditional ruler and a member of Kogi State council of chiefs. In December, 1992, Col. Hassan Yakubu (RTD), hereinafter referred to as the 1st respondent/cross-appellant, was deposed as the Ejeh of Ankpa by the Government of Kogi State. Following his deposition the 1st respondent/cross appellant was detained and his movement restricted in a guest house and only members of his family had access to him.

Aggrieved by his removal as the Ejeh of Ankpa the 1st respondent/cross appellant commenced an action vide an application ex-parte, for leave for enforcement of his fundamental rights. The leave was granted. He therefore filed a formal application on notice within the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 1979, and sought the following reliefs:

"(i) An order for the immediate production of the body of the applicant before the honourable court, and…

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