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BENSON & ORS
V.
C.O.P DELTA STATE & ANOR

(2018) JELR 39296 (CA)

Court of Appeal 23 Mar 2018 Nigeria
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Case Details

Suit Number:CA/B/392/2014
Judges:PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:F. F. Elume, Esq. For Appellant No Legal Representation For Respondent

MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Delivering the Leading Judgment): The appellants were the applicants in Suit No. S/M/88/2013 instituted in the High Court of Delta State, holden at Sapele. The appellants applied for the enforcement of their fundamental rights and sought the following relief:

A. A declaration that the beating (particularly hitting the 1st applicant in the chest with wood) at the place of business of the 1st applicant by Amos a policeman attached to Nigeria Police, Sapele Divisional headquarters agent of the 1st and 2nd respondents is a violation of the Right of the 1st applicant to life.

B. A declaration that the assault, battery and the using of wood to hit the 1st applicant by Amos a policeman attached to the Sapele Divisional headquarters of the Nigeria Police, Sapele, Delta State, agent of the 1st and 2nd respondents is a violation of the Right to Life and dignity of human person.

C. A declaration that the intimidation, threat and continued search for the arrest, de…

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