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EKANEM
V.
ASSISTANT INSPECTOR GENERAL OF POLICE (ZONE 6)

(2007) JELR 48717 (CA)

Court of Appeal 18 Apr 2007 Nigeria
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- The appellant was arrested and detained by the respondent police at Calabar, following an incident in Uyo, Akwa Ibom State, and sought declaratory reliefs for unlawful detention and inhuman treatment under Sections 34 and 35 of the 1999 C

Case Details

Suit Number:CA/C/145M/2005
Judges:VICTOR AIMEPOMO OMAGE Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria
Counsel:Dafe Diegbe, Esq For Appellant Eyo O. Ekpo, Esq. For Respondent

VICTOR AIMEPOMO OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal, the appellant sought in the High Court, Calabar on 14/6/05:

(i) "A declaration that the arrest and detention of the applicant not being in consonance with the provisions of section 35(i) (c), Constitution of the Federal Republic of Nigeria 1999, (in that the respondent cannot reasonably suppose that the applicant is reasonably suspected of having committed any criminal offence in flagrant violation of the said Constitution and so wrongful and unlawful).

(ii) "A declaration that the removal of applicant's wearing effects save his shorts, the non provision of beds or other sleeping materials, thus causing applicant to either stand up sleeping, sit sleeping or sleep on bare cold floor in the present inclement weather constitute inhuman and degrading treatment, torture and therefore unconstitutional, wrongful and unlawful."

The grounds upon which the orders are sought are stated in the record of proceedings i…

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