KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 26/1/2018, affirming the judgment of the High Court of the Federal Capital Territory (FCT) delivered on 20/4/2016.
The respondent sued the appellant vide an Amended originating Motion dated and filed on 7/3/2016 seeking the following reliefs:
A. A Declaration that the arrest and detention of the Applicant by the Respondent since 28th December, 2015 is unlawful, unconstitutional, illegal and violation of the Applicant's fundamental rights guaranteed by Section 35(1) and (4) of the 1999 Constitution of the Federal Republic of Nigeria.
B. A Declaration that the restriction/confinement placed on the Applicant by the Respondents by keeping him in their custody since December 28, 2015 is unlawful, unconstitutional and direct infraction of the rights of the Applicant to freedom of movement as guaranteed by Section 41 of the C…