KUDIRAT MOTONMORIOLATOKUNBO KEKERE-EKUN, JCA (Delivering the Leading Judgment):
This is an appeal against the ruling of the High Court of Imo State, Orlu Judicial Division delivered on 11/7/2006 striking out the appellant's motion ex-parte filed on 5/7/2006 for an order for leave to enforce his fundamental rights.
The facts that gave rise to this appeal, as can be gathered from the record of proceedings and the submissions in the briefs of argument, are as follows: On 14th June, 2006 the appellant herein, an evangelist, was conducting a religious crusade in Okwelle, Onuimo Local Government Area of Imo State when he was arrested by officers of the SARS unit of the Nigeria Police, Imo State Headquarters, Owerri. According to the appellant the said Policemen disrupted the crusade, dismantled and removed chairs and canopies, removed cash offerings amounting to N38, 000.00 and some musical instruments, and dispersed the congregation. He alleged that his arrest was as a result of a petition…