Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OGBE
V.
ATT.-GEN., ENUGU STATE

(2015) JELR 57857 (HC)    

High Court  ·  E/463m/2014 ·  2 Mar 2015 ·  Nigeria

Ratio Decidendi

Core Terms Beta
peoples’ rights
constitution of the federal republic of nigeria
refusal of the respondents
fundamental human rights
state judiciaries
inherent jurisdiction of this honourable court
violation of the fundamental right of the applicant
enugu state of nigeria
decision of the federal high court abuja
violation of the fundamental rights of the applicant
laws of the federation of nigeria
african charter
means of livelihood of a citizen
applicant’s right
applicant
suit no. fhc
satisfactory conditions
favour of the applicant
members of the judiciary staff union of nigeria
enugu state
nigerian citizens
consequential closure of courts
counter-affidavit
independent judicial arm of government
lead judgment
part of my work
provisions of the african charter
paragraphs
fundamental right of the applicant
wide industrial action
legal arguments
fundamental right of nigerian citizens
actions of the respondents
absence of such provision
respondents’ counsel
decision of the federal high court
circumstance of this case
form of general traverse
right of other nigerians
equitable conditions
human dignity
judicial arm of government of enugu state
judiciary staff union of nigeria
applicant’s reason
consequential closure of courts premises
chapter iv of the constitution of the federal republic
affidavit
legal entity
means of sustenance

ONUORAH J. (Delivering the Lead Judgment): The applicant brought this motion on notice pursuant to section 33(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Articles 15 and 26 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, Vol. 1, Laws of the Federation of Nigeria, 2004; Order 2, rules 1, 2, 3, 4 and 5 of the Fundamental Human Rights (Enforcement Procedure) Rules, 2009;and the inherent jurisdiction of this honourable court. The applicant prays for the following reliefs:

1. A declaration that the failure/or refusal of the respondents to carry into effect the decision of the Federal High Court Abuja on financial autonomy for State judiciaries in suit No. FHC/ ABJ/ CS/667/2013 before 11 July 2014, with the consequential closure of courts’ premises in Enugu State of Nigeria by members of the Judiciary Staff Union of Nigeria on 11 July 2014, amounts to a violation of the fundamental right of the applicant to …

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