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DURUAKU
V.
NWOKE

(2015) JELR 54185 (CA)

Court of Appeal 11 May 2015 Nigeria
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- The appellants filed an appeal against a judgment that dismissed their application for the enforcement of their fundamental rights. - The appellants sought various reliefs, including an order to stop arrests, harassment, and detention by

Case Details

Judges:IGNATIUS I. AGUBE JCA (Presided and Read the Lead Judgment) PETER OLABISI IGE JCA FREDERICK O. OHO JCA
Counsel:Nwabueze Nwankwo Esq. - for the Appellants. -*- Chief Okey Obikeze Esq. - for the Respondents.

AGUBE JCA (Delivering the Lead Judgment): This an appeal against the judgment of the Honourable Justice Nonye Okoronkwo then sitting at the Owerri Judicial Division of the High Court of Justice, Imo State. The judgment was delivered on 26 March 2013, dismissing the appellants’ application for the enforcement of their fundamental rights for lack of merit. It would be recalled that the appellants as applicants in the lower court, following the leave granted them by the learned trial judge on 8 March 2012, sought by their motion on notice dated 17 February 2012, but filed on 1 March 2012, the following reliefs in both the motion paper and the statement in support of the application thus:

“(a) An order that the arrests, harassments, humiliations, torture and detention of the applicants by the agents of the 5th respondent at the instigation of the 1st, 2nd and 3rd respondents without any lawful and justifiable cause is unconstitutional, wrongful, unlawful, null void and therefore an infr…

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