N.P.D.C LTD & ANOR
V.
OYIBOCHA

(2018) JELR 38870 (CA)    

Court of Appeal  ·  CA/B/111/2016 ·  25 May 2018 ·  Nigeria
CORAM
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
respondent
paragraphs
2nd respondent
issues
trial court
1st appellant
captain onanipor
junior military officers
affidavit
better affidavit
military officer
appellants counter affidavit
learned trial judge
respondents affidavit
2nd respondents
constitution of the federal republic of nigeria
high court
lower court
nigerian army
oil well head verve
counter affidavit
enforcement of his fundamental rights
further affidavit
military cell
prompting of the 1st respondent
supervision of the 2nd respondent
arrest of the applicant
command of the 2nd respondent
grounds of appeal
high court of delta state
learned counsel
moore aseimo abraham adumein
support of the application
view of section
agent of the federal government
appellants issues
detention of the appellant
federal government
fundamental right
fundamental right application
illegal torture
junior officer
material allegation of facts
mr. onwuchekwa elendu
order of the 2nd respondent
said application
state high court
suit no. ehc

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): The respondent, as applicant in Suit No. EHC/M/43/2015 instituted in the High Court of Delta State, holden at Effurun, applied for the enforcement of his fundamental rights by seeking the following reliefs:

1. A Declaration that the arrest of the applicant on the 8/5/2015 by junior military officers under the control and supervision of the 2nd respondent upon the prompting of the 1st and 2nd respondents is unconstitutional and illegal.

2. A Declaration that the detention of the appellant in the military cell for a period of twenty three (23) days upon the prompting of the 1st respondent and by the order of the 2nd respondent is unconstitutional and illegal.

3. A Declaration that the act of torturing the applicant with horse whip by junior military officers under the control and supervision of the 2nd respondent upon the order and/or command of the 2nd respondent is unconstitutional and illegal.

4. N500,000,000 (Five H…

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