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BABA & 8 ORS
V.
MUSA

(2025) JELR 113018 (CA)

Court of Appeal 13 Jan 2025 Nigeria
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- The Respondent (Applicant at trial) filed a fundamental rights enforcement action at the High Court of the FCT, Abuja, seeking declarations and damages for unlawful detention, violation of personal liberty, and freedom of movement arising

Case Details

Suit Number:CA/ABJ/CV/317/2023
Judges:ADEBUKUNOLA ADEOTI BANJOKO, JCA ABBA BELLO MOHAMMED, JCA ISHAQ MOHAMMED SANI, JCA
Counsel:Wisdom Madaki Esq, for the Appellants. H. K. Usman Esq with M. A. Mu’az, M. M. Dankogi Esq, K. O. Ahmad Esq and Al-Bashir Lawal Likko Esq, for the Respondent.
Location:Abuja

ABBA BELLO MOHAMMED, JCA: Before the High Court of the Federal Capital Territory, Abuja (the trial court), the Respondent, as Applicant, instituted a fundamental rights action wherein he sought for the following reliefs against the Appellants, as Respondents:

  1. A declaration that the detention of the Applicant by the 1st – 8th Respondents from the 5th day of May, 2022 to date is unlawful, unconstitutional, illegal and a violation of the Applicant’s fundamental rights guaranteed by Section 35(1) and (4) of the Constitution of the Federal Republic of Nigeria (as amended).

  2. A declaration that the restriction/confinement placed on the Applicant by the Respondents is unlawful, unconstitutional and a direct infraction of the rights of the Applicant to freedom of movement as guaranteed by Section 41 of the Constitution of the Federal Republic of Nigeria (as amended).

  3. A declaration that the detention of the Applicant by the Respondents without informing him of his offence in writing is unlawful, un…

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