ITA GEORGE MBABA, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the decision of Abia State High Court in Suit No. A/M16/2013, delivered on 4/3/2014 by Hon. Justice C. O. Onyeabo, wherein the learned trial judge granted the reliefs sought by 1st respondents and awarded two million naira to him as exemplary damages for breach of his fundamental rights.
At the lower Court, 1st respondent (as applicant) had sought the following fundamental rights reliefs:-
A) A declaration that the arrest and torture without cause of the applicant by the 3rd respondent at Zone 9, police headquarters without promptly informing him of the offence he had committed, upon a spurious complaint by the 1st and 2nd respondents, when the cause of action leading to the complaint is still sub-judice is otiose, null and void and unconstitutional, and a breach of the applicants fundamental rights as enshrined in the Constitution of Federal Republic of Nigeria, 1999 as amended.
B) A declaration that the det…