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CHIMA
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FBN & ANOR

(2017) JELR 37273 (CA)

Court of Appeal 12 Jul 2017 Nigeria
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Case Details

Suit Number:CA/C/236/2016
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria STEPHEN JONAH ADAH Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:Nnadi Okorie, Esq. For Appellant Uwem Noah, Esq., for 1st Respondent (holding the brief of Dr. Uwem Udoh, Esq.), F. O. Dibang, Esq. for 2nd Respondent. For Respondent

STEPHEN JONAH ADAH, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Akwa Ibom State High Court sitting at Uyo in suit No. HU/FRH/99/2015 delivered on 25th day of February, 2015.

The Appellant at the Lower Court by a Motion on Notice dated 15th of July, 2015, sought an order of the Honourable Court for enforcement of his fundamental rights in Suit No. HU/FRH/99/2015 and in the said suit prayed the Court for the following reliefs:

i. A DECLARATION that the arrest and detention of the Applicant by the 1st Respondent using men of the 2nd Respondent without an order of Court for a civil debt/loan transaction the Applicant had with the 1st Respondent from 13th May, 2015 to 14th May, 2015 at the C-Division, Police Headquarters, Uyo and thereafter at the 2nd Respondents Port-Harcourt Office from 14th May, 2015 to 8th June, 2015 constitutes an infringement of the Applicants Fundamental Rights guaranteed and protected by Sections 34(1) (a) and 35(1) of the…

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