MOTION ON NOTICE FOR THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHT APPLICATIONS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT NO……………..

IN THE MATTER OF AN APPLICATION CHIEF TOM WADILE

FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS TO PERSONAL

LIBERTY AND FREEDOM OF MOVEMENT UNDER SECTIONS 35 AND 46 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED.

AND

IN THE MATTER OF FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE

RULES 2009 AS SUBSUMED IN THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED.

BETWEEN

CHIEF TOM WADILE APPLICANT

AND

• STATE SECURITY SERVICE
• NIGERIAN PRISON SERVICE RESPONDENTS

MOTION ON NOTICE

BROUGHT PURSUANT TO SECTIONS 35 AND 41 OF THE 1999 CONSTITUTION OF

THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED; ORDER II RULES 2,3,4 AND 5

OF THE FUNDAMENTAL HUMAN RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009 AND UNDER THE INHERENT JURISDICTION OF THE COURT.

TAKE NOTICE that this Honourable Court will be moved on the ……….day of …………….2015 at the hour of 9 0' clock in the forenoon or so soon thereafter as counsel to the Applicant may be heard praying the Honourable Court for the following orders: -

• A DECLARATION of this Honorable Court that the arrest and detention of the applicant is unlawful and contrary to Section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
• AN ORDER enforcing the applicant's fundamental rights by ordering his release from unlawful detention currently imposed on him by the Respondents.
• AN ORDER compelling the Respondents to tender an unreserved public apology to the Applicant for the infringement on his fundamental rights.
• AN ORDER MANDATING the Respondents jointly and severally to pay to the Applicant GENERAL DAMAGE of =N=2,000,000.00 (Two Million Naira) only for harassment, intimidation, torture, arrest, and unlawful detention of the Applicant's person.
• AND SUCH FURTHER ORDER as this Hon. Court may deem fit to make in the circumstances.

TAKE FURTHER NOTICE that the ground upon which the application is brought and facts relied upon is contained in the statement of facts attached to this process.