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DIRECTOR OF SSS. & ANOR.
V.
AGBAKOBA

(1999) JELR 43522 (SC)

Supreme Court 5 Mar 1999 Nigeria
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- The respondent, a legal practitioner and president of a human rights organization, had his passport seized by the State Security Services without reason given. - The High Court dismissed the respondent's application, but the Court of Appe

Case Details

Suit Number:SC.5/1995
Judges:MUHAMMADU LAWAL UWAIS JSC SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC UTHMAN MOHAMMED JSC SYL VESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:Tochukwu Onwugbufor SAN Solicitor-General of the Federation, (with him, Chiesonu Okpoko, Esq and O. Aguisobo, Esq.Legal Officers For Appellant Chief Chike Chigbue, (with him, S. Etukakpan, Esq) For Respondent
Other Citations:Director of SSS v. Olisa Abgakoba (1999) 3 NWLR (Pt.595) 3 40 (1999) 3 S.C 59 (1999) All N.L.R 110, (1999) 3 NWLR (Pt. 595) 314, (1999) JELR 75874 (SC)

M. L. UWAIS, CJN (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, Lagos Division (Kalgo, Uwaifo and Ayoola, HCA as they were then). The respondent was the applicant in the High Court of Lagos State, holden at Lagos, (Akinboboye, J) while the appellants were the respondents in a motion on notice brought under the Fundamental Rights (Enforcement Procedure) Rules, Cap. 62, in which the following reliefs were sought:-

"1. A declaration that the forceful seizure of the applicant's passport No. A654141 by agents of the State Security Services (sic) (1st respondent herein) on April 21, 1992 is a gross violation of the applicant's right to personal liberty, freedom of thought, freedom of expression and freedom of movement respectively guaranteed under sections 32, 35, 36 and 38 of the Constitution of the Federal Republic of Nigeria, 1979 (as amended) and is accordingly unconstitutional and illegal.

2. An order of mandatory injunction directing th…

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