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ADE-OJO & ORS
V.
MAKANJUOLA & ORS

(2019) JELR 57940 (CA)

Court of Appeal 2 Jul 2019 Nigeria
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- The Court of Appeal held that merely lodging a complaint with the police that results in the arrest and detention of another does not, without more, amount to an infringement of the arrestee's fundamental right to personal liberty under S

Case Details

Suit Number:CA/L/499/2014
Judges:TOM SHAIBU YAKUBU, JCA; UGOCHUKWU ANTHONY OGAKWU, JCA; TOBI EBIOWEI, JCA

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The provenance of this appeal is in the application by the 1st Respondent for the enforcement of his fundamental rights before the High Court of Lagos State in SUIT NO. M/490/2012: GOKE MAKANJUOLA v. THE COMMISSIONER OF POLICE, LAGOS STATE COMMAND and ORS. The 1st Respondent herein was the Applicant before the lower Court while the Appellants were the 4th-6th Respondents and the 2nd, 3rd and 4th Respondents herein were the 1st-3rd Respondents at the lower Court. The reliefs claimed by the 1st Respondent at the lower Court are as follows:

a. A DECLARATION that the continual arrest and detention of the applicant without trial is in contravention of the Applicant's right to personal liberty.

b. A DECLARATION that the continual threat to arrest and detain the Applicant without trial until they submit to the desire of the 4th and 5th Respondent by the officers and agents of the 1st 2nd and 3rd Respondents is in contravention…

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