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NWACHUKWU
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NWACHUKWU & ANOR

(2018) JELR 39009 (SC)

Supreme Court 8 Jun 2018 Nigeria
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- This case is an appeal against the judgment of the Court of Appeal in which the Court set aside the ruling of the High Court and granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 1979

Case Details

Suit Number:SC. 601/2013
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Counsel:IKE INEGBU ESQ. with him, EMMANUEL AKUMA ESQ. For Appellant NGOZI OLEHI ESQ. with him, MESSRS OBINNA NWACHUKWU and OGBEMDI EZEONYE For Respondent
Other Citations:(2018) 17 NWLR (Pt. 1648) 357

WALTER SAMUEL NKANU ONNOGHEN, CJN (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Holden at Owerri, in appeal No. CA/OW/123/2009 delivered on the 10th day of January, 2013 in which the Court set aside the Ruling of the High Court of Imo State in suit No. HAM/65M/2008 delivered on the 23rd day of March, 2009 in which the Court granted the reliefs claimed by the applicant under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

The appellant, who was the applicant at the trial Court, claimed the following reliefs:-

"(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant's fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria.

(b) A Declaration that the removal of the private prope…

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