ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Respondent, Alhaji Isa Ibrahim as the Applicant in suit No. KDH/KAD/253/2014 commenced through the motion on Notice dated 20th March, 2014 pursuant to Order 11 Rules 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Section 44 of the Constitution of the Federal Republic of Nigeria 1999; African Charter on Peoples and Human Rights as well as the Universal Declaration on Human Rights, praying for the following orders;
1. A Declaration that the arrest and detention of the applicant's CRV Jeep with Chassis No. JHLRD1859VC044976 red in colour since January, 2013 till date by the Respondent for no justifiable reasons amounts to the infraction of the Applicant's fundamental rights to own and use moveable property guaranteed under Section 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); relevant provisions of the African Chapter on Human peoples' rights as well as the univ…