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MR. CAJETAN NNUBIA
V.
MRS TINA ILODUBA & ORS

(2024) JELR 112381 (CA)

Court of Appeal 8 Mar 2024 Nigeria
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- The Respondent filed an action at the FCT High Court to enforce her fundamental rights under Sections 34, 35, and 41 of the 1999 Constitution, alleging unlawful arrest, detention, and threats by the police following a civil dispute over a

Case Details

Suit Number:CA/ABJ/CV/1031/2022
Judges:HAMMA AKAWU BARKA JCA ADEBUKUNOLA ADEOTI BANJOKO JCA OKOH EFRETI ABANG JCA
Counsel:OBIORA ILO ESQ FOR THE APPELLANT. PROSPER UKACHUKWU ESQ FOR THE RESPONDENT.
Location:Abuja

ADEBUKUNOLA ADEOTI BANJOKO, JCA (Delivering The Leading Judgement): This Appeal is against the Judgment delivered by Honourable Justice Njideka K. Nwosu-Iheme of the Federal Capital Territory High Court on 20th June, 2022 in Suit No: FHC/HC/CV /428/2022 as seen at Pages 37-56 of the Record of Appeal.

The 1st Respondent, as Applicant had approached the Trial Court, vide a Motion on Notice filed on 11th February, 2022 essentially seeking the enforcement of her Fundamental Rights and had sought the following Reliefs:

  1. A DECLARATION THAT the arrest, detention, threat to humiliate,  further attempt to arrest and curtailing the freedom of movement of the Applicant is wrongful, unlawful and unconstitutional as same constitutes breach of the Fundamental Rights of the Applicant to the dignity of her Person.

  2. A DECLARATION THAT the arrest, detention, further attempt to arrest and curtailing the freedom of movement of the Applicant at the behest of the 3rd Respondent amounts to a gross violation of t…

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