ADEBUKUNOLA ADEOTI BANJOKO, JCA (DELIVERING THE LEADING JUDGEMENT): This Appeal is against the Judgment delivered by Honorable Justice INIABASI T. UDOBONG of the Akwa Ibom State High Court, MKPAT ENIN Division, on the 12th Day of December, 2022 in Suit No HME/FHR.9/2021, contained at Pages 287-302 of the Record of Appeal.
The facts that gave rise to this Appeal began when the Applicant before the Lower Court, now the 1st Respondent, approached the Lower Court under the Fundamental Human Rights Enforcement Procedure Rules, seeking to enforce his Fundamental Right to Personal Liberty as guaranteed under Sections 35, of the 1999 Constitution (As Amended).
The 1st Respondent's case was that, on the 6th of June, 2021, the 4th Respondent before the Lower Court, now the 4th Appellant, allegedly attacked him, accusing him of being in possession of family property, and he had to be rescued by a Police Patrol Team. However, the 4th Appellant managed to escape arrest.
The 1st Respondent further ass…