UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State, (the lower Court) Coram Judice: Animahun, J., in SUIT NO. LD/3297MFHR/2016: OGOCHUKWU NWAKWELU v. COMMISSIONER OF POLICE, LAGOS STATE and ANOR. delivered on 11th April, 2017. The 1st Respondent herein, was the Applicant at the lower Court in an application for the enforcement of his fundamental rights to dignity of human person, personal liberty and freedom of movement as guaranteed under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) [hereinafter 1999 Constitution].
In precis, the background facts of the application is that the Appellant had written a Petition to the 2nd Respondent herein, alleging that the 1st Respondent had threatened the life of its Manager on account of an outstanding debt which the 1st Respondent owed the Appellant Company. Predicated on this Petition, the 1st Respondent was arreste…