(2018) JELR 38932 (CA)    

Court of Appeal  ·  CA/PH/91/2015 ·  9 Jul 2018 ·  Nigeria
THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
1st respondent
record of appeal
learned trial judge
appellants petition
federal high court
grounds of appeal
personal liberty
lower court
cross appeal
dud cheque
brief of argument
constitution of the federal republic of nigeria
financial crimes commission
trial court
amended notice of appeal
fundamental human rights
managing director
suit no. fhc
collusive acts of the respondents
following reliefs
fundamental rights
order of perpetual injunction
paragraphs affidavit
respect of the loan
subject matter
2nd respondents
act of the 1st respondent
body corporate
copies of documents
directive of a court of law
dishonoured cheques act
exercise of the applicants
exhibits efcc1
following orders
fundamental human right
furtherance of the 1st respondents solicitors letter
honourable court
inherent jurisdiction of the trial court
integrity of her person
outstanding balance of the wholesale microfinance fund
paragraphs counter affidavit
preliminary investigation
reasonable cause
said federal high court
sum of n20,000,000.00
written address

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): This Suit No. FHC/FHR/179/2013 was commenced by the 1st Respondent as Applicant before the Federal High Court of Nigeria Port Harcourt Judicial Division H.A. NGANJIWA J. presiding. The Applicant sued the Appellant and 2nd Respondent as 1st and 2nd Respondents to enforce her Fundamental Rights via a Motion on Notice pursuant to Order 2 Rules 1, 2, 3, 4 and 5 of the Fundamental Human Rights (Enforcement Procedure) Rules, 2009 and Section 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the inherent jurisdiction of the trial Court seeking for the following reliefs: -

i) A DECLARATION that in the exercise of the applicants fundamental human right and constitutional right, the applicant is entitled to her personal liberty save as may be constitutionally deprived as may be provided for in the provisions of Section 35 of the 1999 Constitution of the Federal Republic of Nigeria, as Amended a…

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