(2021) JELR 108929 (CA)    
Court of Appeal  ·  CA/C/06/2017 ·  2 Nov 2021 ·  Nigeria
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Calabar delivered by Hon. Justice I. E. Ekwo on 8th July, 2016 in which the Court granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

The respondent, who was the applicant at the lower Court, claimed the following reliefs:

(i) The protection and enforcement of the applicant’s fundamental rights as enshrined in Chapter 4, Sections 34(1)(a), 35 (1), 37, 41(1) and 43 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

(ii) A declaration that the brutal and unlawful destruction of the milling machines of the applicant, the destruction/damages to the 25 Nos. of 214 rubber drums containing palm oil, other raw materials and loss of live stocks in the poultry situate within the mill by the servants of the 1st and 3rd respondents is wrongful, illegal, barbaric and is in the utter …

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