BITRUS GYARAZAMA SANGA, JCA (Delivering the Leading Judgment): This appeal is from the judgment of the Federal High Court Port Harcourt Judicial Division H. A. Nganjiwa J., presiding in Suit No. FHC/PH/CS/476/2010 delivered on 13th December, 2013. The 1st Respondent as Applicant commenced the suit via an Originating Motion on Notice dated and filed on 15th September, 2010 pursuant to Order 2 Rule 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 wherein he sued the Appellants seeking for the following reliefs:
a) A DECLARATION that the detention of the application at Refinery Police Station, Life Camp Eleme, Rivers State from the 26th April, 2010 to 30th April, 2010 by the 3rd and 4th Respondents at the instance and instigation of the 1st and 2nd Respondents, is a gross violation of the applicants right to personal liberty as guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999.
b) AN ORDER, compelling the respondents to tender an unre…