N.P.D.C LTD & ANOR
V.
OYIBOCHA
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…