(2022) JELR 109158 (CA)    
Court of Appeal  ·  CA/C/158/2015 ·  14 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
fundamental rights
enforcement procedure
fundamental rights enforcement procedure rules
support of the application
2nd respondent
houses of the appellants
james shehu abiriyi
learned trial judge
notice of appeal
preliminary objection
preliminary objection of the respondents
account of the foregoing
acts of the respondents
alleged breach
appellants’ brief
application of appellants
careful reading of the entire case of the appellants
case of the appellants
causes of actions
circumstance of this case
claim of the appellants
constitutional rights
course of their dredging shore reclamation contract
enforcement of their fundamental human rights
failure of the court
failure of the learned trial judge
firm ground
following issues
following reliefs
fundamental right enforcement procedure
high court of akwa ibom state
immovable properties of the appellants
leading judgment
lower court
own immovable properties
personal liberty
reliefs of the appellants
similar issue
special rights

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 6th May, 2015 in the High Court of Akwa Ibom State in the Ikot Abasi Judicial Division striking out the application of Appellants for the enforcement of their fundamental human rights for being incompetent.

 The Appellants had applied under Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 for the following reliefs:

1. A declaration that the acts of the Respondents in compulsorily taking over and demolishing seventy-five houses in the course of their dredging shore reclamation contract without compensation is illegal, unlawful and unconstitutional.

​2. N100,000 compensation for depriving them of the constitutional rights to own seventy-five houses belonging to them.

3. An order restraining the Respondents from further taking over of the immovable properties of the appellants until the Appellants are adequately compensated.

The case of the Appellants as …

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