CASE TITLE: AMCON v. ASSOCIATION OF SENIOR CIVIL SERVANTS OF NIGERIA (TARABA STATE CHAPTER) (2019) LPELR-48782(CA)
JUDGMENT DATE: 6TH NOVEMBER, 2019
PRACTICE AREA: ENFORCEMENT OF FUNDAMENTAL RIGHTS
LEAD JUDGE: JAMES SHEHU ABIRIYI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on the Enforcement of Fundamental Rights.
FACTS
This appeal is against the ruling delivered on 15th December, 2016, in the Federal High Court, Taraba Judicial Division sitting at Jalingo in a Fundamental Rights matter wherein the Respondent was the Applicant and the Appellant the Respondent.
The facts of the case are that the appellant wrote a letter dated 28th April 2016 to the Respondent demanding payment of a debt. The letter in part read:
“We hereby demand for the immediate payment of the above sum of N235, 021, 647.59 (Principal plus Interest) as at April 27th 2016, within 14 days of receipt of this letter, failing which we shall take appropriate legal recovery measures including but not limited to publication of Key Officials’ Names in National Dailies.
Please note that the loan continues to attract interest at 15% per annum until fully liquidated.
Kindly confirm receipt of this letter by contacting Ameerah Tukur on 08171371351 or Murtala Barde 08037008348.”
It was this demand by the Appellant for the settlement of an alleged debt that prompted the Respondent to file the application before the Federal High Court alleging that its rights under Sections 34, 35, 36, 40 and 43 of the Constitution and Articles 5, 7, 10 and 14 of the African Charter on Human and Peoples Rights had been violated.
The Court granted the application of the Respondent because it was not contested by the Appellant. The Appellant was not in Court on 15th December 2016 and was not represented by counsel when the motion on notice was moved and the application granted.
Dissatisfied, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the appeal on these issues couched as follows:
DECISION/HELD
On the whole, the Court found merit in the appeal and accordingly allowed same. The decision of the Federal High Court was therefore set aside.
RATIOS:
~Hon Justice Mohammed, Niger state Judiciary
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