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HON. ALI KUMO & ANOR
V.
EFCC & ANOR

(2023) JELR 112752 (CA)

Court of Appeal 22 Mar 2023 Nigeria
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- The appellants sought enforcement of fundamental rights under Sections 34, 35, and 36 of the 1999 Constitution (as amended), alleging that the 1st respondent (EFCC) acted on the 2nd respondent’s petition in a purely commercial debt transa

Case Details

Suit Number:CA/A/626/2014
Judges:Haruna Simon Tsammani, JCA Muhammed Mustapha, JCA Danlami Zama Senchi, JCA
Counsel:I.I. Etsukolo, Esq. For the Appellants. Paul Audu, Esq. with him, Odoma Onoja, Esq. for the 2nd Respondent. 1st Respondent is absent and unrepresented.
Location:Abuja

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court sitting in Abuja, delivered on the 5th day of June, 2014 by E. S. Chukwu, J in Suit No: FHC/ABJ/CS/42/2014.

The Appellants as Applicants in the Court below had taken out an Originating Summons seeking for the enforcement of their Fundamental Rights pursuant to Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). By the Originating Summons, the Appellants had set down the following questions for the determination:

  1. Whether having regards to Sections 6 and 7 of the Economic and Financial Crimes Commission Act, the 1st Respondent has power, to derogate from the 1st Applicant's fundamental rights to dignity of human person, personal liberty and fair hearing, on the instigation of 2nd Respondent that 2nd Applicant is indebted to Respondent in respect of a debt arising from the procurement of assorted fertilizers and resale…

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