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AKPAN
V.
SAM & ORS

(2014) JELR 40059 (CA)

Court of Appeal 10 Feb 2014 Nigeria
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- The respondents sued the appellant and the Commissioner of Police, Akwa Ibom State, in the High Court for enforcement of fundamental rights, alleging unlawful arrest and detention following the appellant’s criminal complaint to the police

Case Details

Suit Number:CA/C/260/2011
Judges: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
Counsel:Etim Okon For Appellant Ini Itong For Respondent

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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