MIKA'ILU JCA (Delivering the Lead Judgment): In this case, the appellants instituted an action under the Fundamental Rights (Enforcement Procedure) Rules, 1980 before the Federal High Court, Enugu, the applicants by way of a motion ex parte, sought for and obtained the requisite leave of the court to apply for the enforcement of their fundamental rights under the Fundamental Rights (Enforcement Procedure) Rules. The ex parte motion having been granted, the applicants subsequently filed a motion on notice in which they applied for the enforcement of their fundamental rights guaranteed under sections 34, 35 and 41 of the 1999 Nigerian Constitution as well as damages and injunction against the respondents. Thereafter, the counsel for the applicants applied to withdraw and/or discontinue the suit on the grounds of lack of jurisdiction of the court. Ruling was delivered by the court on 8th June, 2004 dismissing the suit, with N10,000.00 costs awarded in favour of the respondents. This…
NNABUCHI
V.
I.G.P.
(2006) JELR 57463 (CA)
Court of Appeal 23 Feb 2006 Nigeria
BriefBot Summary
- The appellants filed an application before the Federal High Court, Enugu, under the Fundamental Rights (Enforcement Procedure) Rules, seeking enforcement of rights under sections 34, 35, and 41 of the 1999 Constitution, as well as damages
Case Details
Suit Number:CA/E/27M/2005
Judges:JAMES OGENYI OGEBE JCA (Presided) OLUFUNLOLA O. ADEKEYE JCA JA'AFARU MIKA'ILU JCA (Read the Lead Judgment)
Counsel:J. O. N. Ikeyi - f or the Appellants.
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Dr. Ejike Umeh (SAN) (with him, Ndidi Ume, C. J. N. Ezewusim)
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- for the Respondents.
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