(2021) JELR 109180 (SC)    
Supreme Court  ·  SC.305/2015 ·  19 Feb 2021 ·  Nigeria
Nwali Sylvester Ngwuta, JSC John Inyang Okoro, JSC Uwani Musa Abba Aji, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC
Core Terms Beta
1st respondent
federal high court
fundamental rights
court of appeal
7th respondents
enforcement procedure
imo state
trial court
constitution of the federal republic of nigeria
jurisdiction of the federal high court
civil matter
issue of jurisdiction
1st respondent’s petition
applicant’s fundamental right
brief of argument
crucial issue of jurisdiction
further arrest
act of the respondents
ex-parte application
learned justices of the court of appeal
learned trial judge
1st august
1st respondent’s fundamental human rights
aina 2nd respondent
decision of the learned trial judge
detention of the applicants
false claim
following reliefs
grounds of a breach of the applicant
hon. justice of the federal high court
honourable court
issue of jurisdiction suo motu
leading judgment
leave of this honourable court
no. c
nwokorie of the federal high court
old decision of the supreme court
owerri division of the court of appeal
relevant portion of the judgment of the lower court
reproduced provisions
said cases
said decision of the court
said issue
stay of all action
such further action
viz right

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment delivered by the Owerri Division of the Court of Appeal in Appeal No. CA/PH/17/2009. The judgment was delivered on the 20th day of January, 2015.

In an ex-parte application filed on 4th October, 2004 pursuant to Fundamental Rights (Enforcement) Rules, 1979 the applicant, Mr. Cyril Maduagwu (now 1st respondent in the appeal) sought the following reliefs:

(a) An order granting leave to the applicant to apply for the enforcement of his fundamental right guaranteed by Sections 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999, viz right to personal liberty and right to freedom of movement.

(b) An order that the leave if so, granted in this application shall operate as a stay of all action or matter related thereto or connected herewith the compliant until the determination of the motion on notice.

(c) And for such further action(s) as the Honourable Court may deem fit to m…

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