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JAMES
V.
I.G.P.

(2005) JELR 54305 (CA)

Court of Appeal 18 Apr 2005 Nigeria
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- The applicants brought an action to enforce their fundamental rights as guaranteed under the Constitution of Nigeria and seek declarations, injunctions, and damages. - The trial judge held that the respondents had infringed upon the appli

Case Details

Suit Number:CA/L/6/99
Judges:AYO ISA SALAMI JCA (Presided and Read the Lead Judgment) MUSA DATTIJO MUHAMMAD JCA MOHAMMED LAWAL GARBA JCA
Counsel:Robert Clarke - for the Appellants -*- C. I bekwe, Assistant Directo r, Feder al - fo r the 1st - 5th Respondents.

SALAMI, JCA (DELIVERING THE LEADING JUDGMENT): By leave of the court below, the applicants brought an action pursuance of the Fundamental Rights (Enforcement Procedure) Rules, 1979 for the enforcement of their fundamental rights as guaranteed under the Constitution of the Federal Republic of Nigeria, 1979 and seeking consequential reliefs in the nature of declarations, injunction and damages. The application dated the 18th day of November, 1997 was filed on the same day. The applicants in addition filed a statement stating their names, the reliefs sought and the grounds upon which they are sought. The grounds show that the applicants proposed to rely on Sections 31, 32, 33 and 40 of the Constitution.

The respondents joined issues with the applicants in their respective counter-affidavits. One Zakari Dawodu deposed to an 11 paragraph counter- affidavit on behalf of the first to fifth respondents. Sixth respondent personally deposed to a 33 paragraph counter-affidavit. Thereafter learn…

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