(1998) JELR 45695 (CA)    

Court of Appeal  ·  CA/K/138/M/95 ·  15 Dec 1998 ·  Nigeria
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
armed robbery
4th-7th respondents
jurisdiction of the lower court
2nd applicant
fundamental human rights
lower court
main action
particulars of errors
present suit
unconditional bail
court of law
federal high court
federal high court kano
high court
suit no. fhc
view of the provisions of s.12
3rd respondents
above action
alleged breach
commissioner of police
competence of the respondents
earlier report of an armed robbery case
enforcement of any alleged fundamental rights
enforcement of their fundamental human rights
federal court
fire arms special provisions act
fire arms tribunal
first information report
following orders
fundamental rights enforcement procedure rules
ibrahim tanko muhammad
issue of jurisdiction
leading judgment
local government area of kano state
magistrate court
names of the appellants
police investigation
proper parties
proper procedure
provisions of s.12
question of proper court of trial
substantive suit
tukur v gongola state govt
umaru abdullahi
v shugaba abdulrahman darman

ATINUKE OMOBONIKE IGE, JCA (Delivering the Leading Judgment): This is an appeal by the defendants against the Ruling of Ojutalayo J. of the Federal High Court Kano delivered on

3/6/94 in Suit No. FHC/CS/18/M1/94. The substantive suit was brought by the 3 plaintiffs/applicants against the Commissioner of police and 6 others by way of a Motion on Notice praying for the following orders:-

"1. An order granting the applicants the enforcement of their fundamental human rights as guaranteed by the Constitution.

2. An order granting unconditional bail to the applicants.

3. An order granting the applicants compensation assessed at N50, 000.00 each for deprivation suffered since 10th March 1994 till date.

4. An order directing the 1st, 2nd and 3rd respondents and their agents or subordinates, to desist from further harassment of the applicants."

It is pertinent at this stage to mention that there had been an earlier report of an armed robbery case in March 1994 in Dala Local Government Area o…

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