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DANSHETU
V.
NIGERIA POLICE FORCE & ANOR

(2022) JELR 113096 (CA)

Court of Appeal 23 May 2022 Nigeria
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- The appellant instituted an action under the Fundamental Rights (Enforcement Procedure) Rules at the Federal High Court, Abuja, alleging breach of his constitutional rights (ss. 34, 35, 38, 39, 40, 41 of the 1999 Constitution) when he was

Case Details

Suit Number:CA/ABJ/CV/560/2021
Judges:STEPHEN JONAH ADAH, JCA ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA DANLAMI ZAMA SENCHI, JCA
Counsel:David I. Ajaba Esq., with: Victor Shina Akinlabi Esq., for the Appellant. Suleiman Jibrin (SC Federal Ministry of Justice) with Hassan Ndahi (SC Federal Ministry of Justice), for the 2nd Respondent.
Location:Abuja

STEPHEN JONAH ADAH, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the decision of the Federal High Court, Abuja Division, in suit No. FHC/ABJ/CS/1144/20201 delivered on the 14th day of December, 2020, Coram: A. I. Chikere J. Wherein the trial Court awarded the sum of Ten Million Naira (=N=10,000,000. 00) as damages for the breach of the Appellant's fundamental rights to dignity of the Human Person, Liberty, Movement, Freedom of thought, Expression, assembly and association and personal development.

The appellant, as applicant before the trial court, instituted this action under Fundamental Right Enforcement Procedure and claimed against the respondents all the declaratory relief as per the Originating Motion, thus:

  1. A Declaration that the act of shooting the Applicant with live arms by the 1st Respondent is reckless, cruel, unlawful and a flagrant violation of the Applicant's Fundamental Rights to Dignity of the Human person, Liberty and Freedom of Movement as guaranteed …

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