OSITA A. UGWUOTI V. CHIEF A. N. EZENNIA
(2003) JELR 50972 (CA)
Court of Appeal
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CA/E/7M/2001
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10 Feb 2003
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Nigeria
Coram
IGNATIUS C. ACHOLONU, JCA (Presided and Read the Lead Judgment) JOHN AFOLABI FABIYI, JCA CLARA BATA OGUNBIYI, JCA
Appearances
Chief I. Obidinanwa - for the Appellant . A
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Chief L. M. E. Ezeofor - for the Respondents .
Judgement
<p><strong> PATS-ACHOLONU, JCA (Delivering the Lead Judgment): </strong> The appellant who is the applicant in the court below had applied to that court for leave to enforce his fundamental human rights. After the leave was granted, the (applicant) appellant then for the purpose of buttressing the contents of his statement filed four (4) further affidavits. The first three (3) affidavits were filed before 23/6/1998 at which date the learned counsel for applicant commenced his argument on the substantive motion and the last affidavit was filed a day after his counsel commenced that argument. On the 22/9/99, the (applicant) appellant filed a motion for leave of the court to use all the supplementary affidavits filed to agitate for the order enforcing his fundamental rights. The application was opposed and the court in its ruling of 7/4/2000 refused the application, whereupon the applicant appealed to this court. From the grounds of appeal, he distilled three issues, which are; “(1) Did the learned trial Ju…</p>