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SUNDAY & ORS
V.
DIBIE

(2021) JELR 110573 (CA)

Court of Appeal 11 Feb 2021 Nigeria
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- The Respondent filed a motion seeking relief for the violation of his fundamental rights to dignity of human person and right to life. - The Respondent claimed that he was assaulted by the 1st Appellant with a stick, resulting in the ampu

Case Details

Suit Number:CA/L/522/2015
Judges:Isaiah Olufemi Akeju Uchechukwu Onyemenam Mohammed Baba Idris
Counsel:O. K. Akerele Esq For the Appellants F. Falana, Esq with him M. Ora-Ekpadi Esq For the Respondent

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment): By a Motion on Notice dated and filed on 15th June, 2012 the Respondent as Applicant at the trial Court instituted an action under the Fundamental Rights application against the Appellants as Respondents at the trial Court and sought for the following reliefs against the Appellants thus:

1. A DECLARATION that the action of the 1st Respondent in Ojoba, Abule Egba bus Stop on the 1st of December, 2011 is unconstitutional and subsequently illegal as it violates the applicant’s right to dignity of Human person guaranteed under Section 34 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Articles 5 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act (CAP. A9) Laws of the Federation 2004.

​2. A DECLARATION that the assault and physical attack by the 1st Respondent on the Applicant on the 1st of December, 2011 with a stick, which led to the amputation of his right hand is i…

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