SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is premised on the ruling delivered at the Federal High Court, Yola on the 16th March, 2017 in Suit No. FHC/YL/CS/26/2016 wherein the Court dismissed the application before it seeking as it were, the enforcement of the right to personal liberty under Section 35 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The appellant herein was the Applicant before the Federal High Court, Yola hereinafter referred to as the Court below.
The appellant was at all material times to the action, the State Chairman of the Peoples Democratic Party (PDP) in Adamawa State. In the wake of the Presidential Election in 2015, the Adamawa State Chapter of the PDP received the sum of Four Hundred and Fifty Million Naira (N450, 000, 000. 00) from the Partys Headquarters in Abuja. The Election was conducted and the PDP lost having come second. The All Progressive Congress (APC) the party who won the election a…