(2014) JELR 40059 (CA)    

Court of Appeal  ·  CA/C/260/2011 ·  10 Feb 2014 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
first respondent
fourth respondents
affidavit evidence
oral evidence
commissioner of police
second respondent
commercial bank
fundamental rights
trial court
fifth respondent
humble view
present appellant
ruling of the lower court
circumstances of the instant case
evidence of police investigation
existence of a bail recognizance
new issues
order of the trial court
port harcourt
respondents of the criminal allegations
said petition
victims of the alleged assault
affidavit evidence of the parties
counter affidavit of the police
determination of his appeal
enforcement of their fundamental rights
first-fourth respondents
first-third respondents
high court of akwa ibom state
later date
leading judgment
leave of this court
likely arrest of the first respondent
medical report forms
own issues
premise of this erroneous assumption
resolution of his appeal
resolution of the conflicting averments
said orders
said respondents
second issues
such conflicts

CHIMA CENTUS NWEZE, J.C.A.(Delivering the Leading Judgment): At the High Court of Akwa Ibom State, Ukanafun Judicial Division, the respondents in this appeal (as applicants) brought an application for the enforcement of their fundamental rights against the Commissioner of Police, Akwa Ibom State (as first respondent) and the present appellant (as second respondent). Their complaint was predicated on the claim that their fundamental rights were infringed, or likely to be infringed, by the arrest and detention of the second; third and fourth respondents; the likely arrest of the first respondent and the appellant's alleged threat (in collaboration with the police) to kill the fifth respondent.

Issues were joined in the affidavit evidence of the parties. The court (hereinafter, simply, referred to as "the lower court"), in its ruling of October 26, 2009, pages 207 - 208 of the record, awarded the sum of N50,000.00 (Fifty Thousand Naira as damages) against the appellant herein. The lower …

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