Whether a Court can grant a relief claimed under a wrong law

"On the third issue raised, I will only say briefly that the Court below was wrong to have held that the respondent approached the Court for his redress by a wrong procedure.

It is now settled that a person whose rights have been violated must be free to seek redress for such wrongs in the Courts.

It is a mere technicality to hold it against him that he failed to approach the Court properly as in this case.

In any event no specific procedure had been laid down for the enforcement of violated rights under Cap. 10. The case of Ogugu v. The State (supra) is in my humble view in support of the view held above.

The respondent was therefore free to approach the Court by commencing an action by a writ or by any other procedure such as the Fundamental Rights (Enforcement Procedure Rules, 1979)."

Per EJIWUNMI, J.S.C. in Abacha v. Fawehinmi (2000) 6 NWLR (Pt.660) 228