(2001) JELR 44307 (CA)    

Court of Appeal  ·  CA/L/336/99 ·  12 Jul 2001 ·  Nigeria
Other Citations
Nwangwu v. Duru (2002) 2 NWLR (Pt 751)265
Nwangwu v. Duru (2002) 2 NWLR (Pt. 751) 265
ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
9th respondents
cause of action
fundamental rights
learned trial judge
african charter
chapter iv
enforcement of their fundamental rights
ezeonu ii
lagos state
barracks police station
commissioner of police
detention of the applicants
leading judgment
purview of section
suit no. ld
unlawful arrest
1st appellant
applicants claim
attorney general
bioshogun j. of the federal high court
brother chukwuma-eneh
detention of 1st applicant
director of s.s.s.
divisional police officer
event guarantees rights
execution of a default judgment
facts of the matter
further detention of the applicants
grounds of want of proper parties
inspector general of police
jurisdiction of this court
legal effect
midst of other provisions of the constitution
necessary actions
open question
paragraph a
paragraphs d
parte application
provision of section
respect of claims
said constitution
statutory provisions

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of 19/12/96 delivered by Bioshogun J. of the Federal High Court, Lagos Division. The facts of the matter as against their legal effect are not in controversy.

In that wise, I state the facts as briefly as thus: the applicants (the respondents in this appeal) by an ex parte application have sought three reliefs to enforce their fundamental rights against the respondents. In the light of the thrusts of arguments as will become evident in this matter, I have decided at the onset to identify the respondents at the court below as against the 8th and 9th respondents (the appellants in this case).

The respondents are namely:

1. The Inspector General of Police

2. Commissioner of Police, Lagos State

3. The Attorney General, Lagos State

4. The Area Commander, Barracks Police Station, Surulere - Lagos.

5. The Controller of Prisons, Lagos State

6. The Divisional Police Officer, Bode Thomas Police Station, …

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