EMERE
V.
ANACHUNA & ORS

(2018) JELR 38690 (CA)    

Court of Appeal  ·  CA/E/34/2012 ·  13 Jul 2018 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
police
1st respondent
counsel
trial court
learned trial judge
respondents
trial judge
probable cause
5th respondent
6th respondents
affidavit evidence of parties
lower court
breach of the fundamental rights of the 1st respondent
criminal allegations
police station
said petition
detention of the 1st respondent
fundamental rights of the 1st respondent
phone call
said exhibit
1st-3rd
2nd 6th respondents
4th respondents
affidavit evidence of the parties
anambra state
appellant filed reply
bona fide petition
charge of instigation of the police
claims of the 1st respondent
company of my lawyer
complaint of murderous threat
counter affidavit of the police
decision of the trial court
dignity of his human person
enforcement of his fundamental human rights
exhibit sei
family life
finding of the learned trial judge
first respondent
honourable court
judgment of the high court of justice
necessary implications shows
personal knowledge of the maker of the facts
precincts of the law
such further order
written address of counsel
written petition

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Anambra State, delivered by Hon. Justice J.I. Nweze on 24/01/2011.

The Applicant now 1st Respondent at the trial Court by a motion on notice sought for the enforcement of his fundamental human rights in terms of the following reliefs:

1. A DECLARATION that the Applicant is entitled to personal dignity, personal liberty, right to family life, freedom of movement as enshrined in Section 34,35, 37 and 41 of the 1999 Constitution of the Federal Republic of Nigeria without any interference, hindrance, or infringement of the aforementioned fundamental rights of the Applicant by the Respondents.

2. A DECLARATION that it is illegal, null, void, unconstitutional and contrary to Section 34,35,36,37 and 41 of the 1999 Constitution of the Federal Republic of Nigeria for the Respondents to detain and torture the Applicant without any justification.

3. The sum of N1…

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