"It is also settled law that for a matter to be instituted under the Fundamental Rights (Enforcement Procedure) Rules, 1979 to enforce the constitutionally guaranteed rights under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the enforcement of such right(s) must be the main/substantive claim before the Court - not ancillary. In the case of TUKUR VS GOVERNMENT OF TARABA STATE (1997) NWLR (pt. 510) 549 at 574 - 575, this Court stated the law as follows:- "When an application is brought under the Fundamental Rights (Enforcement Procedure) Rules, 1979, a condition Precedent to the exercise of the Court's jurisdiction is that the enforcement of fundamental rights or the security of the enforcement thereof should be the main claim and not an accessory claim. Enforcement of fundamental right or securing the enforcement thereof should, from the applicant's claim as presented, be the principal or fundamental claim as presented, and not accessory claim. See THE FEDERAL MINISTER OF INTERNAL AFFAIRS & ORS VS SHUGABA ABDULRAHMAN DARMAN (1982) 2 NCLR 915 in which the principal or main claim was a declaration that the order ...... was ultra vires and that the same constituted a violation of his fundamental rights to personal liberty, privacy and freedom to move freely throughout Nigeria ...... However, where the main or principal claim is not the enforcement or securing the enforcement of a fundamental right, the jurisdiction of the Court cannot as has been pointed out above, be properly exercised, as it will be incompetent by reason of the foregoing feature of the case.

 Per ONNOGHEN, J.S.C. IN MRS UCHECHI NWACHUKWU v. HENRY NWACHUKWU & ANOR