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CaseLaw

NDLEA V. Okorodudu (1997) CLR 4 (f) (CA)

Brief

  • Contempt of court,
  • Issue of jurisdiction,
  • Order of Court,
  • Stay of proceedings,
  • Extension of time

Facts

The 1st - 4th respondents filed a motion ex parte at the Federal High Court, Lagos on 19 November, 1996 seeking to enforce their fundamental rights.

A number of relief’s were sought in the main suit, including four declarations, an order to quash the prosecution going on, three other orders and damages of N100,000.00 as compensation But in the motion exparte the orders sought were:

  • 1.
    An order or this honorable court granting the applicants leave to enforce their fundamental rights.
  • 2.
    An interim order of injunction staying the proceedings in charge No MOT/L/Z3/18/96 between the Federal Republic of Nigeria v Carlink Motors Ltd. and 20 Ors pending before the Miscellaneous Offences Tribunal Lagos Zone 3 (the 2nd respondent herein), pending the hearing and determination of the motion on notice.
  • 3.
    An interim order of injunction directing the National Drug Law Enforcement Agency (the 3rd respondent herein), their servants, agents and/or privies to immediately vacate the premises of the 1st and 2nd applicants known as No 23 Adeyemo Alakija Street Victoria Island, Lagos; Plot 641 Akin Adesola Street Victoria Island Lagos 23, Aromire Street, Ikeja Lagos 68 Aba Road Port Harcourt, Rivers State, pending the hearing and determination of the motion on notice.
  • 4.
    An interim order of injunction directing the National Drug Law Enforcement Agency (the 3rd respondent herein) their agents, servants or privies to immediately vacate the premises of the 3rd and 4th applicants known as No 15 Rasaq Balogun Street, Surulere Lagos; 163 Ikorodu Road, Onipanu bus Stop, Lagos pending the hearing and determination of the motion on notice.
  • 5.
    An interim order of injunction restraining the respondents either by their servants, agents or privies from harassing, molesting or arresting the applicants herein with regard to the matter pending before the 2nd respondent pending the hearing and determination of the motion on notice.

Issues

  • Whether the applicant is entitled to succeed on its application having regard to...
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