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(1989) JELR 40270 (CA)    

Court of Appeal  ·  CA/B/175/85 ·  20 Jan 1989 ·  Nigeria
Other Citations
C.O.P., Ondo State v. Obolo (1989) 5 NWLR (Pt.120)
MICHAEL EKUNDAYO OGUNDARE Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
grounds of appeal
divisional police officer
learned senior state counsel
court of appeal rules
commissioner of police
compensatory damages
ondo state
personal liberty
case of armed robbery
constitution of the federal republic of nigeria
fundamental rights
learned state counsel
reasonable grounds
such evidence
2nd respondents
affidavits of the parties
appellants' arguments
applicable test
arguments of counsel
assessment of an award of nominal damages
award of compensatory damages
common law principles
court of competent jurisdiction
cross-appellant's arguments
decision of the court
error of law
following cases
following reliefs
grounds of reasonable suspicion
information of such reasonable suspicion grounds
joint counter affidavit
leading judgment
leave of the court
matter of routine
okitipupa police command
ore police contingent
particulars of misdirection
particulars of the respective grounds
provisions of the fundamental rights
reasonable time
said ground of appeal
second issue
substantial particulars of the error of law
support of the first issue

SALAMI, JCA (Delivering the Leading Judgment): This suit was commenced in the court below under the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 1979 made in pursuant to Section 42 of the Constitution of the Federal Republic of Nigeria, 1979. The applicant sought and obtained leave of the court below for enforcement of his right against the 1st and 2nd respondents who were incidentally the Commissioner of Police and Divisional Police Officer for Ondo State and Okitipupa respectively. He wanted the two officers to show cause why his fundamental rights were curtailed or violated by the two respondents. The applicant complained generally that whenever there was a case of armed robbery the police as a matter of routine would pick him up as a suspect, have him put in custody and subject him to treatments which berated his dignity. The applicant sought the following reliefs:-

(a) That he was unconstitutionally and unlawfully arrested and detained on divers dates witho…

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