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UZOUKWU V. EZEONU II

(1991) JELR 73835 (CA)

Court of Appeal  •  22 Jul 1991  •  Nigeria

Coram
MAMMAN NASIR, PCA ALOYSIUS IYORGYER KATSINA-ALU, JCA NIKI TOBI, JCA

Appearances
M.O. Abudu for the Appellants; Professor B.O. Nwabueze, SAN. (with him, Afam-Akputa A.O Esq.) for the 1st - 5th and 7th - 8th Respondents; Afam-Akputa A.O., Esq for the 6th Respondent.

Judgement

NASIR, P.C.A. (Delivering the Leading Judgment): This appeal arose out of an application for the enforcement of Fundamental Human Right pursuant to sections 31 and 39 of the Constitution of the Federal Republic of Nigeria, 1979. The Applicant before the High Court (hereinafter called the Appellants) applied for an order granting leave to seek a number of reliefs against the Respondents (who are also the Respondents in this Appeal). On the 19th June, 1989 the learned trial judge granted the necessary "leave to file a motion on notice for the enforcement of their fundamental human rights". The Appellants in their application claimed as follows:

(a) A DECLARATION that the Applicants as Citizens of the Federal Republic of Nigeria, have fundamental rights as guaranteed by sections 31 and 39 of the Constitution of the Federal Republic of Nigeria 1979, not to be discriminated against on the basis of whatever circumstances attended their birth, or be subjected to any human indignity or to be c…

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