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…

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