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FIDELITY BANK PLC.
V.
MONYE & ORS.

(2012) JELR 34809 (SC)

Supreme Court 23 Mar 2012 Nigeria
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- The 1st respondent filed an ex-parte motion to enforce his fundamental rights - The motion was granted by the trial court and the hearing of the motion on notice was adjourned - The motion on notice was heard and the trial judge declared

Case Details

Suit Number:SC.263/2005
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
Counsel:John Odion For Appellant Adewunmi OgunseyeMahmud AdesinaDr. J. O. Olatoke,S. Z. Michael For Respondent

I. T. MUHAMMAD, J.S.C: (Delivering the Leading Judgment): In the Federal High Court, (trial court) holden at Lagos, in the Lagos Judicial Division, the 1st respondent, herein, as applicant, filed an Ex-parte motion, pursuant to Order 1 Rules 2(2) and 2(3) and Order 4 of the Fundamental Right Enforcement Rules, 1979 (FRER, 79) asking for the following reliefs:

i. An order granting leave to Chief Andrew Monye, the applicant to enforce his fundamental rights

ii. An order restraining the Presidential Task Force on Trade Malpractices and FSB International Bank Plc, from arresting, detaining, threatening with arrest, harassment and or arrest, and detention of the applicant pending the determination of the application to be filed pursuant to leave of the court.

The 1st respondent in compliance with the requirements of the FRER 79, also filed a statement wherein he sought for the following reliefs:

i. "Declaration that the arrest and false imprisonment of Chief Andrew Monye on 8th March, 1996…

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