JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 29th September, 2015 in the Federal High Court, Enugu Judicial Division sitting at Enugu.
In the Federal High Court (the Court below) by a motion on notice brought pursuant to Section 36(1), (2)(a) and (b) of the 1999 Constitution FRN and Sections 3(1) (2), 5 and 14 of the African Charter on Human and Peoples’ Rights, the Appellants who were Applicants prayed for the following reliefs:
(1) A DECLARATION that the Respondent violated the Applicants’ Fundamental Right as enshrined in Sections 36(1) 2(a) (b), of the Constitution of the Federal Republic of Nigeria 1999, Sections 3 (1) (2) 5, 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act when the respondent forcefully seized, impounded and detained the applicants’ properties/goods to wit; 25 cases of Eco Midi and 10 cases of Pampers Maxi since 30/6/2014 without any Court order.
(2) A DECLAR…