OBIUKWU & ANOR
V.
OKWUDIRE & ORS

(2018) JELR 38732 (CA)

Court of Appeal · CA/OW/43/2014 · 25 Jul 2018 · Nigeria

CORAM

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

2nd appellant

lower court

2nd respondent

3rd respondent

appeal

considered view

affidavit evidence

case

1st respondent

4th respondent

instant appeal

learned trial judge

3rd respondents

fundamental rights

affidavit

false pretences

judgment of the lower court

1st 2nd respondents

detention of the applicant

grounds of appeal

support of the application

2nd respondents

circumstances of this case

false report

notice of appeal

said rules

aforementioned brief of argument of the appellants

aspect of this case worthy of consideration

claims of the 1st respondent

declaration of the honourable court

deposition of the 2nd respondent of paragraph

direct evidence

following reliefs

fundamental rights enforcement

fundamental rights of the applicant

high court of imo state

issue of the said sum of n86,000.00

leading judgment

order of this honourable court

pertinent issues

registry of the lower court

report of the 1st 2nd respondents

resolution of the conflicting affidavits

said parties

said statement

said sum of n86,000.00

third respondent

trial judge

v. mr. izuka johnson

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 27/11/2013 by the High Court of Imo State presided over by Hon. Justice K.A. Ojiako (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The action in which the lower Court delivered the judgment appealed against was instituted by the 1st Respondent against the Appellants and the 2nd and 3rd Respondents respectively, under the Fundamental Rights Enforcement (Procedure) Rules, 2009 (hereafter to be simply referred to as FREP Rules. In the statement pursuant to Order II Rule 3 of the said Rules, the 1st Respondent who initiated the case sought the following reliefs: -

(1) A declaration that the arrest and detention of the applicant from the 19th day of March, 2013 to the 21st of March, 2013 by the 3rd Respondent on the complaint of the 1st and 2nd respondents was unconstitutional, unlawful, illegal, and an infringement on the fu…

OBIUKWU & ANOR V. OKWUDIRE & ORS

OBIUKWU & ANOR
V.
OKWUDIRE & ORS