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OBIUKWU & ANOR
V.
OKWUDIRE & ORS

(2018) JELR 38732 (CA)

Court of Appeal 25 Jul 2018 Nigeria
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Case Details

Suit Number:CA/OW/43/2014
Judges: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
Counsel:Chukwuemeka Okoro For Appellant Respondents are absent and none is represented by counsel. For Respondent

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…

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