NIGERIAN NAVY
V.
AKPAN & ANOR

(2021) JELR 108941 (CA)    
Court of Appeal  ·  CA/C/44/2018 ·  2 Nov 2021 ·  Nigeria
CORAM
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Calabar delivered by Hon. Justice I. E. Ekwo on 30th October, 2017 granting the reliefs of the applicant.

By an originating motion filed on 3/5/2013 pursuant to Order 2 (1) of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Sections 34 (1) (a) 35 (1) and 41 (1) of the 1999 Constitution (as amended) the applicant sought for the enforcement of his fundamental rights wherein he claimed the following reliefs:

(i) The protection and enforcement of the applicant’s fundamental rights as enshrined in Chapter 4, Sections 34 (1) (a), 35 (1) and 41 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

​(ii) Declaration that the assault, torture, public humiliation treatment and the brutal acts sustained in the hands of the servants/agents of the 1st and 2nd respondents, particularly, the servant of the 1st respondent wit…

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