ADEBUKUNOLA ADEOTI BANJOKO, JCA (Delivering the Leading Judgement): This Appeal is against the Judgment delivered by Honorable Justice O. C. AGBAZA of the Federal Capital Territory High Court, Abuja on the 3rd Day of July, 2019 in Suit No FCT/HC/CV/882/2019, contained at Pages 91-104 of the Record of Appeal filed on the 3rd day of October 2019.
The Brief facts of the Case that gave rise to this Appeal were that, the Appellant, a Barber doing business in the Karimo Area of the Federal Capital Territory, was arrested on the allegation of aiding one Mr. Ibrahim Agada to rape the Fourteen (14) year old Daughter of the 2nd Respondent. His Case for the Enforcement of his Fundamental Human Rights under Sections 34 (1), 35 (1), 37, 41(1), and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Order XV Rule 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, was premised on the fact that he was arrested at the behest of the 2nd Respondent and detai…