UNIVERSITY OF CALABAR & ORS V. MR. SYLVESTER EFFIONG ATTAH

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Federal High Court, Calabar Judicial Division, delivered on April 29, 2013 in Suit No. FHC/CA/M37/2012. By the said judgment, the Court below coram: P.M. Ayua, J; granted the declaratory relief for gross and flagrant violation of fundamental rights and awarded N3,000,000.00 damages in favour of the Respondent (Plaintiff).

BACKGROUND FACTS

The genesis of the instant appeal is traceable to March 15, 2012. That was the day the Respondent filed the Originating process (Motion on Notice) pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, and the inherent jurisdiction of the Court below, thereby seeking the following reliefs:

1. A DECLARATION that the act of the respondent in the circumstances of this case amounts to a gross and fragrant violation of the Applican…