Judgment
AMINA AUDI WAMBAI, J.C.A. (Delivering Leading Judgment) : The Appellant, a farmer, instituted suit No KDH/KAD/632/2019 at the Kaduna State High Court before Hon.
Justice Mairo Muhammad, against the Governor of Kaduna State, the Attorney General and Crown Flour Mills Ltd as 1st, 2nd & 3rd defendants respectively seeking among other declaratory and injunctive reliefs a declaration that the Appellant (as plaintiff) is the holder and beneficial owner of the farmland measuring about 14 hectares at Duste Kilometer 23-25 Kaduna- Abuja express way allegedly forcefully taken away from him by the 1st defendant and given to the 3rd defendant without payment of compensation.
Several other farmers equally affected by the takeover of their farmlands also instituted similar suits. During the pendency of the various suits including suit KDH/KAD/632/2019, the Appellant and the other affected land owners were invited for several meetings at the palace of Sa Gbagyi, all of which were inconclusive. On 23/07/2019 one of the affected land owners, Alhaji Umar M. Farouq and his eldest son Alhaji Abba Umar Farouq, were arrested and detained.
Sequel to this development, on the 28/08/2019, the Appellant by a motion on Notice before Hon. Justice D. H. Kbobo, in suit NO: KDH/KAD/741/2019, the subject of this appael, commenced an action for the enforcement of his fundamental rights pursuant to Order II Rules 2, 3, 4 & 5 of the Fundamental Right (Enforcement procedure) (Rules,) 2009, (the FREP) Rules, Sections 34(1) (a) 35 (1) &(b) & 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), praying for the following reliefs. 1.
A DECLARATION that the continuous invitation of the Applicant by the Respondents under the guise of meetings over a purely civil matter pending at the High Court of Kaduna State in suit No: KDH/KAD/632/2019 IBRAHIM MADAMI V. THE GOVERNOR OF KADUNA STATE & 2 OTHERS is unconstitutional and constitute a likely infringement of the Applicant’s fundamental human rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria as amended and the African Chatter on Human and Peoples Rights (Ratification Act) 2.
