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EKPENYONG
V.
PRESIDENT, FEDERAL REPUBLIC OF NIGERIA & ANOR

(2024) JELR 112772 (CA)

Court of Appeal 27 Mar 2024 Nigeria
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- The appellant challenged the judgment of the Federal High Court, Abuja, which dismissed his originating summons seeking declarations and injunctive reliefs regarding the scope of the right to life under Section 33(1) of the Nigerian Const

Case Details

Suit Number:CA/ABJ/CV/1200/2022
Judges:JOSEPH OLUBUNMI KAYODE OYEWOLE JCA ABBA BELLO MOHAMMED JCA PETER CHUDI OBIORAH JCA
Counsel:Appellant appears in person; Mr. O. A. Oloruntogbe (Assistant Chief State Counsel, Federal Ministry of Justice) for the Respondents.
Location:Abuja

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the Federal High Court, Abuja Division delivered on the 6th May, 2022 by MAHA, J.

By an Originating Summons filed on the 10th July, 2020, the Appellant approached the lower court for a determination of the questions upon which it sought the reliefs all set out thus:

i) Whether the Plaintiff has locus standi to institute this proceedings?

ii) Whether the Plaintiff’s Right to Life enshrined in Section 33(1) of Constitution of the Federal Republic of Nigeria, 1999 (as amended) means the protection of the Plaintiff’s life beyond mere physical and animal existence and extends to the right to live a meaningful, complete and dignified life?

iii) Whether the Plaintiff’s Right to Life enshrined in Section 33(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) prohibits any unlawful acts of omission or commission by the Nigerian State, Nigerian Po…

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