AGUBE JCA (Delivering the Lead Judgment): By a motion ex parte brought pursuant to Order 1, rule 2(1), (2), (3) and (6) of the Fundamental Rights (Enforcement Procedure) Rules and sections 34, 37, 41, 43 and 46 of the Constitution of the Federal Republic of Nigeria, 1999, as well as section 4 of the Police Act and under the inherent jurisdiction of the High Court of Abia State, which motion was dated 26 April 2007 and filed in the Registry of Obingwa Judicial Division on 27 April 2007, the 1st appellant as applicant thereat, sought for the following orders:
“(a) An order of this honourable court, granting the appellant leave to apply for an order for the enforcement of his fundamental rights in terms of the reliefs set out in the statement of facts accompanying this application.
(b) An order granting the applicant leave to return to his home at Osusu-Amaukwa Autonomous Community in Obingwa Local Government Area of Abia State.
(c) An interim order restraining the respondents and the y…