MRS UCHECHI NWACHUKWU. V. HENRY NWACHUKWU

Issue:

The appellant, who was the applicant at the trial Court, claimed the following reliefs:- "(a) A Declaration that the physical torture of the applicant, harassment, embarassment, inhuman and degrading treatment meted out to the applicant by the respondents and their hired thugs are a violation of the applicant's fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the 1999 Constitution of the Federal Republic of Nigeria. There was a preliminary objection against the suit as commenced under the Fundamental Rights (Enforcement Procedure) Rules, 1979 on the ground that: The suit is incompetent and lacking in merit on the ground that matrimonial matters as in the present instance are not enforced through fundamental rights process." The ruling on the objection was incorporated in the judgment on the merit of the application which granted all the reliefs claimed resulting in an appeal to the lower Court. The lower Court dealt only with the issue of jurisdiction and haven come to the conclusion that the lower Court had no jurisdiction to entertain the matter as constituted, struck out the suit without proceeding any further to consider the other five issues identified by appellant. Hence further appeal to the Supreme Court.