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H. R. H. EZE SIR J. E. UKAOBASI v. BERTHRAM EZIMORA & ORS

(2016) JELR 37056 (CA)

Court of Appeal  •  CA/E/106/2009  •  12 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant had approached the Anambra State High Court of Justice, holden at Onitsha with a complaint that his fundamental rights as enshrined in Sections 33, 35, 36, 40, 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) had been encroached upon by the Respondents. His Ex parte application was granted on 29th July, 2008. Consequently, he filed a motion on notice pursuant to Order 1 Rule 2 (1); Order 2 Rule 1 (1) and Order 1 Rule 1 (1) and (2) of the Fundamental Rights (Enforcement Procedure) Rules, 1979. Furthermore, the application was anchored on Sections 33, 35, 36, 40, 45, 44, 46 (1) and 6 (6) (A) and (B) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

The appellant, prayed for the following reliefs, to wit:

"1. AN ORDER enforcing the Fundamental rights of the Applicant guaranteed under Sections 33, 35, 36, 40, 43 and 44 of the Constitution of Nigeria, 1990 whi…

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