NWACHUKWU v. NWACHUKWU & ANOR

The appellant, who was the applicant at the trial Court, claimed the following reliefs:-
“(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant’s fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria.
(b) A Declaration that the removal of the private properties belonging to the applicant out of her matrimonial home by the respondents acting in concert or connivance of their hired thugs on the grounds that the appellant was HIV positive is a clear violation or infraction of the applicants fundamental right to her privacy and family life and to freedom from discrimination as guaranteed by Section 37 and 42 of the 1999 Constitution of the Federal Republic of Nigeria.
(c) Five Million Naira damages only as compensation for their inexcusable and/or unjustified violation of the applicant’s right duly guaranteed by the 1999 Constitution.
(d) An order of injunction restraining the respondents by themselves, their servants, agents, privies, hired workmen popularly known as and called Akpu Obi from harassing, embarrassing, disturbing the private life of the applicant on the same grounds or related grounds that led to the breaches complained of.
(e) Mandatory order of Court compelling the respondents to restore the applicants properties carted away from her home back to her home.

The above reliefs are grounded on the following:-
“1. That the torture, inhuman or degrading treatment meted to the Applicant by the Respondents and their hired thugs is a gross infraction/breach of the Applicant’s Right to dignity of human person as guaranteed by Section 34 of the 1999 Constitution of the Federal Republic of Nigeria.
2. That the Respondents acting in connivance with unknown men popularly known and called ‘AKPO-OBI’ besieged the Applicant’s Room/Home and carried away her properties/personal belongings to an unknown place and without the consent, knowledge and authority of the Applicant on the allegation that Applicant was a known infected H.I.V. victim is a gross breach of Applicant’s fundamental Rights to private and family life from discrimination as respectively guaranteed under Section 37 and 42 of the 1999 Constitution of the Federal Republic of Nigeria.
3. That the Respondents and their agents carried placards against the Applicant that Applicant was a known H.I.V. victim and that no one should even mix up or do business with Applicant is a gross violation/infraction of Applicant’s Right to freedom from discrimination as guaranteed by Section 42 of the 1999 Constitution of the Federal Republic of Nigeria.
4. By the self same Section 34 of the Constitution of the Federal Republic of Nigeria, the Applicant is entitled to respect for the dignity of her person.”
There was a preliminary objection against the suit as commenced under the Fundamental Rights (Enforcement Procedure) Rules, 1979 on the ground that:
The suit is incompetent and lacking in merit on the ground that matrimonial matters as in the present instance are not enforced through fundamental rights process.”
The ruling on the objection was incorporated in the judgment on the merit of the application which granted all the reliefs claimed resulting in an appeal to the lower Court.
The following six issues were identified for determination of the appeal:
“1. Whether the suit at the Court below is not incompetent (Ground 1).
2. Whether the Court below was right in holding that the Respondent proved torture, inhuman and degrading treatment against her by the Appellants (Ground 2)
3. Whether the lower Court was right in holding that the Respondent’s right to her privacy was violated by the

…………………….B…………………….