ABUBAKAR JEGA ABDUL-KADIR J.C.A.: (Delivering the Leading Judgment): This is an appeal brought pursuant to the Ruling/Judgment of High Court of Justice, Ebonyi State, sitting at Abakaliki delivered on the 3rd day of March, 2010 by Hon. Justice E. NGENE (hereinafter referred to as the Trial Judge).
The respondent in the instant appeal by a motion Ex-parte dated 13/10/2009 and filed on 14/10/2009 at the lower court seeking the leave of court for enforcement of his fundamental rights as provided by the Constitution of the Federal Republic of Nigeria 1999. The said application was granted on 16/10/2009.
In his statement pursuant to Order 1 Rule 2 (3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, the respondent as Applicant at the lower court sought for three reliefs to wit:
"2(a) A declaration that the degrading treatment, the locking up of the Applicant's building consisting of eight rooms located at Iboko and the prevention of the Applicant from entry into the said Appl…