(2022) JELR 109165 (CA)    
Court of Appeal  ·  CA/L/393/2018 ·  14 Jan 2022 ·  Nigeria
Jimi Olukayode Bada, JCA Folasade Ayodeji Ojo, JCA Abba Bello Mohammed, JCA
Core Terms Beta
lower court
detention of the respondent
learned trial judge
trial court
fundamental rights
affidavit evidence
award of damages
grounds of appeal
payment of interest
ubah harris
1st appellant
criminal charge
instant appeal
instant respondent
pendency of a criminal charge
dignity of human person
favour of the applicant
reasonable suspicion of his having
abuse of power
appellants’ brief
applicant’s fundamental rights
breach of the applicant
case of the respondent
cases of this nature
cell of the appellant
detention of the applicant
facts of the arrest
findings of the trial court
following factors
following issues
following orders
following sole issue
fundamental rights of the applicant
fundamental rights of the respondent
judgment of the federal high court
leading judgment
national drug law enforcement agency
national headquarters of the 1st respondent
order of a competent court
respondent’s action
settled position of the law
such authority
such situation
time of hearing of the application
unlawful arrest
wrongful acts of the respondents

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal emanated from the judgment of the Federal High Court, in the Federal Judicial Division holden at Lagos in SUIT NOS: FHC/L/CS/421/2016 BETWEEN DAHIRU BWALA …. APPLICANT AND (1) NATIONAL DRUG LAW ENFORCEMENT AGENCY (NDLEA) (2) ISA UMARU ADORO (3) ZIRANGEY SUNDAY DIRANBI delivered on 5th April 2017.

The case of the Respondent who was a Senior Officer in the service of the National Drug Law Enforcement Agency (the 1st Appellant) is that he was arrested and wrongfully detained in the cell of the Appellant. He brought an application before the lower Court to enforce his fundamental rights.

After hearing all the parties, the lower Court in a considered judgment contained at pages 391 to 407 of the Record particularly at pages 406 to 407 thereof found in favour of the Applicant (instant Respondent) and held as follows:

“It is therefore my findings and I so declare that the Respondents violated the Fundamental Righ…

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