Mrs. Victoria Dabo Johnson v. The Government Of Kaduna State & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the Federal High Court sitting at Kaduna delivered by Hon. Justice Hadiza R. Shagari in suit No. FHC/KD/CS/85/2020, on the 8th day of December, 2021, wherein the trial court entered judgment declining jurisdiction to entertain the fundamental right action of the appellant on the ground that the reliefs sought are not purely breach of fundamental claims.

The appellant was the applicant, while the respondents were the respondents at the trial court.

The appellant being aggrieved with the decision of the trial court had lodged this appeal against same to this court vide his notice of appeal led on the 15th of February, 2022. The notice of appeal containing one ground of appeal is found at pages 229 to 233 of the record.

The record of appeal was compiled and transmitted to this court on the 24th of May, 2022, and deemed properly transmitted by this court on the 24th of May, 2022.

The appellant’s brief of argument was filed on the 16th of March, 2023, but deemed properly filed and served on the 24th of March, 2025. The 1st – 6th respondents’ brief of argument was filed on the 24th of March, 2025, was deemed properly filed and served on the same date, while the 7th – 11th respondents’ brief of argument was filed on the 20th of June, 2023, but deemed as proper before the court on the 24th of March, 2025.

The appellant led a reply brief to the 7th to 11th respondents’ brief on the 7th of October, 2024, but same was deemed properly filed and served on the 24th of March, 2025.

At the hearing of the appeal, counsel to both appellant and the respondents adopted their respective briefs upon which this court reserved the appeal for judgment.

The appellant who was applicant at the trial court commenced this suit by way of motion on notice under the Fundamental Rights (Enforcement Procedure Rules) 2009, dated 12th of September, 2020, and led on the 23rd of October, 2020, against the respondents who were tagged as 1st – 11th respondents at the trial court.

The reliefs sought by the appellant against the respondents which is copiously on the face of the motion paper and by the statement accompanying the motion are as follows:

i. A declaration that the act or inaction of dragging, slapping, beating, and forcefully pushing out the applicant from his house which he occupied, and was domiciled at Block N2, Kapwa Quarters, Kabala Costain, Kaduna on the 17th day of August, 2020 by the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th respondents on the instruction of the 2nd respondent and under the supervision of the 3rd, 4th, 5th, 9th, 10th and 11th respondents amounted to a violation of the applicant’s fundamental right to dignity of the human person as expressly protected or guaranteed by section 34 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

ii. A declaration that that act or actions of the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th respondents and their staff and or agents removing the roof, zinc, doors, windows of the applicant’s house at Block N2, Kapwa Quarters, Kabala Costain, Kaduna on the 17th day of August, 2020 in a bid to illegally eject/evict and take over the applicant premise or house described as Block N2 Kapwa Quarters, Kabala Costain, Kaduna and in violation of section 29 of the Kaduna State Landlord and Tenant Law (Gazette No. 18 vol. 54, on the 14th day of June, 2018) thus amounted to a gross violation of the applicant’s fundamental right to private and family life as guaranteed by section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

iii. An order restoring the applicant back into and unto his premises or house known as Block N2 Kapwa Quarters, Kabala Costain, Kaduna which the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th respondents illegally and unlawfully took-over from the applicant

iv. An order restraining, prohibiting the respondents either by themselves or through their assigned agents, representatives, privies or assigned from rearresting and illegally taking over the applicant’s premise known as Block N2 Kapwa Quarters, Kabala Costain, Kaduna.