and Articles 3, 4, 5 and 7(a) of the African
Charter on Human and Peoples Rights 1979
(ii)
Whether in view of the facts and circumstances
of the case including available evidence, any of
the applicant’s rights could be said to have been
infringed by the respondents.
(iii)
Whether the applicant had proved his case as to
entitled him to any of the reliefs sought.
Upon consideration of the processes filed and the issues
formulated by the parties in this application, this court for
the purpose of this judgment formulated one {1} issue for
determination which is a hybrid of the sole issue formulated
by the applicant’s counsel and issue No. 2 as formulated by 2nd
and 3rd respondents’ counsel and is as follows:“Whether in view of the facts and surrounding
circumstances of the case including the available
evidence as presented by parties before this court the
applicant is entitled to the grant of the reliefs sought in
this application.
The application of the applicant is brought pursuant to Order
2 Rules 1 and 2 of Fundamental Rights {Enforcement
Procedure} Rules 2009 and section 46 (1) of the Constitution
of the Federal Republic of Nigeria1999 as amended.
By the provisions of Order 2 Rules 1 and 2 of the Fundamental
Rights {Enforcement Procedure} Rules, 2009 and section 46
(1) of the CFRN 1999 as amended pursuant to which this
application is brought, any person who alleges that any of his
rights under chapter 4 of the Constitution of the Federal
Republic of Nigeria 1999 as amended has been or is being, or
7