ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court Enugu Division, coram D.V. Agishi J. delivered on the 27th day of July, 2010 in Suit No. FHC/EN/M/224/2009.
The appellant herein as applicant on 16th October 2009 filed a Suit at the Federal High Court Enugu for the Enforcement of his Fundamental Rights by the Court. Applicant sought for the following reliefs:-
(a) A DECLARATION that the Applicant is entitled to his rights to life, dignity of person, personal liberty, right to privacy, freedom of movement and to owe and acquire immovable property as provided in Sections 33, 34, 35, 37, 41 and 43 of the Constitution of the Federal Republic of Nigeria 1999 and Articles 2, 4, 5, 6, 12 and 14 of the African Charter on Human and Peoples Rights.
(b) A DECLARATION that the 4th and 5th Respondents acting for and on behalf of the 6th Respondent need not first arrest/detain the Applicant before he could be investigated u…