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FUNDAMENTAL RIGHTS PROCEEDINGS - TYPES OF AFFIDAVIT THAT MAY BE FILED BY PARTIES IN FUNDAMENTAL RIGHTS PROCEEDINGS

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 Anonymous
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"The Rules, for this purpose, sets out dearly, the types of affidavit that may be filed by parties in fundamental Rights proceedings, to wit: the supporting Affidavit, which must set out the facts relied on by the applicant and must accompany the application; then the counter affidavit, filed by the Respondent(s) intending to oppose the application of the Applicant; the Applicant may also file a further affidavit together with the reply on points of law, and any other affidavits must also be accompanied with a written address. See: Order II of the Fundamental Rights (Enforcement Procedure) Rules, 2009".
 
 
PER G.O.KOLAWOLE, J.C.A IN

FIDELITY BANK PLC V JAMES OLANREWAJU & ORS

Appeal no: CA/L/976/2015

LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/976/2015



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 Anonymous
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The 1st Respondent took out an Originating Summons brought pursuant to Section 34(1) of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and Article 5 of African Charter of Human People’s Right, 1981 against Fidelity Bank, the Appellant herein, in the High Court of Lagos State.

The 1stRespondent/Applicant sought a declaration that the beating and physical assault of the Applicant by a Mobile Police officer under the command of the 2nd Respondent attached to the Alaba branch of the 1st Respondent Bank on the 23rd day of April, 2013 is unconstitutional and a violation of the fundamental right to dignity of his person, and an order directing the Respondents to pay the sum of N3million as compensation and damages to the Applicant for breach of his fundamental right to dignity of human person by way of beating and physical assault. The Appellant as 1st Defendant filed a Counter Affidavit and written address and consequently filed a Notice of Preliminary Objection.

The trial court in its ruling, granted the 1st Respondent’s application and awarded the sum of N2m (Two Million Naira) as damages and cost for the proceedings at N20, 000(Twenty Thousand Naira). The Appellant- Bank, being dissatisfied with the ruling filed the instant appeal on grounds that the learned trial Judge erred in Law when he came to the conclusion that by virtue of Section 18 of the Police Act; the Mobile Police Officer involved in the suit is an agent of the Appellant and as such the Appellant is exclusively liable for the Infringement of the 1st Respondent’s right to dignity by the Mobile Police under ‘the command of the 2nd Respondent, that the learned trial Judge erred in law by not calling oral evidence to resolve the conflicts apparent on the face of the affidavit evidence presented by both sides in this matter among others


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