OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar division, Coram: Omage, JCA; Ngwuta, JCA (as he then was) and Owoade, JCA, delivered on Wednesday the 18th day of April, 2007.
The 1st respondent herein had commenced an action in the Federal High Court, Calabar for the enforcement of her fundamental human rights.
In her application exparte for leave, the 1st respondent, herein after referred to as "the applicant" had sought leave of the court to enforce her fundamental human rights to dignity of human person, personal liberty and right to private and family life. She also sought leave for an order of court when granted to operate as a stay of all actions or matter relating to or connected with the complaint, until the determination of the Motion on Notice. The trial court granted the reliefs sought with the return date as 12/02/2003.
The facts relied on by the applicant are as follows - The applicant, Evangelist…