(2018) JELR 38741 (CA)    

Court of Appeal  ·  CA/OW/166/2016 ·  5 Jul 2018 ·  Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
1st respondent
accura mdx jeep
enforcement procedure
fundamental rights
lower court
consequential orders
police station
enforcement of fundamental right
main claim
subject matter
constitution of the federal republic of nigeria
fundamental right
acura mdx jeep
criminal charge
grounds of appeal
learned trial judge
alleged infringement of the 1st respondents rights
ayobode olujimi lokulo-sodipe
chasis no.2 hnyd186254537259
counsel k. c. okoro esq
decision of abia state high court
delivery of the car
enforcement of applicant
enforcement of his fundamental rights
former church
honourable court
leading judgment
magistrate court case
necessary court
notice of appeal
only issue
own property
personal liberty
recovery of vehicle
release of accura jeep
release of items
respect of an application
respect of the appeal
respondent claims
retention of the acura mdx jeep
said accura mdx jeep
said provision
subject matter of the applicants application
support of this application

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the appellant who was the 1st respondent at the lower Court against the decision of Abia State High Court sitting at Osisioma.

It is in respect of an application for an order for enforcement of Fundamental Right under Section 46 (1) and (2) of the Constitution of the Federal Republic of Nigeria (as amended and Order II Rules 1- 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009.

The applicant prayed at the lower Court as follows:

For an order for the enforcement of Applicant praying this Honourable Court for an order for the enforcement of his Fundamental Rights to dignity of his human person, personal liberty, freedom of movement, thought, freedom of Assembly and association, and right to acquire and own property as guaranteed under Sections 34,35,38,40,41 and 44 of the Constitution of the Federal Republic of Nigeria and under Articles 4-12 respectively of…

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