ADEBUKUNOLA ADEOTI BANJOKO (JCA (Delivering the Leading Judgment): This Appeal is against the Ruling delivered by Honourable Justice E. A. FABAMWO of the High Court of Ogun State, Ota, Ogun State on. The Appellant initiated the Action vide an Originating Motion on the 15th day of November, 2019 at the High Court of Ogun State, challenging the violation of his Deceased Brother's Right to Life and Dignity by the Respondents, who allegedly arrested, tortured, and extrajudicially killed him without an Order of Court.
In response, the Respondents filed a Joint Counter Affidavit and Written Address on the 20th day of December, 2019. In turn, the Appellant filed a Further Affidavit and Reply on Point of Law on the 3rd day of February, 2020. The Respondents then filed a Further and Better Counter Affidavit on the 18th day of February, 2020, to which the Appellant responded with a Further-Further Affidavit and Further Reply on Points of Law on the 26th day of February, 2020.
The Lower Court in i…