KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Lagos Division delivered on 21st July 2016, setting aside the judgment of the High Court of Lagos State delivered on 17th October 2014.
By an Originating Summons filed on 8th March 2013 and brought pursuant to Sections 38, 42 (1) (a) and (b) and 46(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, as amended; Articles 2, 5, 8, 10, 17, and 19 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Cap. A9, Laws of the Federation of Nigeria (LFN) 2004; Order 11 Rules (1), (2), and (3) of the Fundamental Rights (Enforcement Procedure) Rules 2009; Under the inherent jurisdiction of the court, the 1st and 2nd respondents suing through their respective Next Friends along with the 3rd Respondent as applicants sought the following reliefs against the present appellants, as respondents:
(A) A Declaration t…