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(2021) JELR 109307 (CA)

Court of Appeal  •  CA/OW/237/2015  •  1 Jun 2021  •  Nigeria

Ayobode Olujimi Lokulo-Sodipe, JCA Oludotun Adebola Adefope-Okojie, JCA Amina Audi Wambai, JCA


AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 12/9/2014, by the High Court of Justice, Abia State presided over by Hon. Justice I.A. Nwabughogu (hereafter to be referred to as “the lower Court” and “learned trial Judge” respectively).

The instant case was instituted by the 1st and 2nd Respondents on record as Applicants against the Appellants herein, and the 3rd – 5th Respondents as 1st – 5th Respondents in the lower Court, by a “motion on notice” dated 9/7/2014 and filed on 5/8/2014. The motion was brought pursuant to Order II Rules 1-5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and Sections 34, 35 and 46 of the Constitution of the Federal Republic of Nigeria 1999 as amended (and hereafter to be simply referred to as “FREPR, 2009” and “the 1999 amended Constitution” respectively).

​The motion on notice was accompanied with a supporting affidavit to which exhibits considered to be relevant wer…

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