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BABA
V.
ODIMEGWU & ORS

(2019) JELR 111371 (CA)

Court of Appeal 3 May 2019 Nigeria
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Case Details

Suit Number:CA/A/150/2013
Judges:STEPHEN JONAH ADAH, JCA T. AKOMOLAFE WILSON, JCA EMMANUEL A. AGIM, JCA
Counsel:Akinyemi Aremu Esq, for the Appellant; Etukwu Onah Esq with P. Akharame Esq and Grace ldoko Esq, for the 1st Respondent.
Location:Abuja

STEPHEN JONAH ADAH. JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja in Suit No. FCT/HC/1312/12 delivered on 28/2/13 by C.O. AGBAZA, J.

The matter was originated at the lower court under the Fundamental Rights (Enforcement Procedure) Rules 2009. The appellant was the 4th Respondents while the 1st Respondent was the Applicant at the lower court. By a motion on notice seeking for enforcement of his Fundamental Rights, the 1st Respondent as applicant sought the following reliefs:-

1. A DECLARATION that the arrest and detention of the Applicant at the Special Anti-Robbery Squad (Garki II) Abuja in November, 2011 on a sheer contractual disagreement between the Applicant and the 4th Respondent is illegal, unconstitutional, and against the provisions of Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 4, 5, 6 and 19 of the African Charter on Human an…

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