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JOHN
V.
ENEH

(2012) JELR 56434 (CA)

Court of Appeal 4 Dec 2012 Nigeria
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Case Details

Suit Number:CA/C/191/2010
Judges:MOHAMMED LAWAL GARBA JCA (Presided and Read the Lead Judgment) UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA
Counsel:Mike Benson, Esq. - for the Respondent. F

GARBA JCA (Delivering the Lead Judgment): The appellant had written a petition to the police, alleging embezzlement of community funds, impersonation and stealing against the respondents, first, at Odot-Nsit Atai Local Government Area and then, at the State Command Headquarters,Uyo. The respondents were invited by the police at the two places where they made statements on the allegations against them and after the visit at Uyo, they approached the High Court of Akwa Ibom State, Uyo for the enforcement of their fundamental rights, after obtaining leave to do so. In the statement in support of their application, the respondents had sought for the following reliefs from the High Court:

“A declaration that the arrest and detention of the applicants by the respondents on 7 May 2009, at Ikot Akpan, Abia and the threat to further arrest the applicants and be taken to Zone 6, Nigeria Police, Calabar, is unlawful and unconstitutional, unreasonable and a violation of the applicants’ fundamenta…

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