OKEKE & ANOR
V.
IHEAZIE & ORS

(2018) JELR 38747 (CA)    

Court of Appeal  ·  CA/OW/324/2013 ·  5 Jul 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
law
learned trial judge
1st appellant
applicants
2nd applicant
1st applicant
2nd respondents
6th respondents
special damages
exhibit ja
counter affidavit
personal liberty
lower court
violation of their fundamental rights
appellants counsel
issue no
trial
appellants application
denial of fair hearing
present case
trial judge
3rd 5th respondents
said petition
3rd 6th
above decision
alleged offence
arrest detention
assistant inspector general of police
behalf of the appellants
charge of state c.i.d
commissioner of police imo state
conduct of the 3rd-6th respondents
criminal acts
dignity of human person
enforcement of their fundamental rights
exemplary damages
exhibit jb
following reliefs
fundamental rights of the applicants
imo state high court
inhuman treatment of the 1st applicant
order of court
prime facie case
respect of the appeal
respondents of their fundamental rights
said reliefs
see amaechi v inec
such evidence
sum of n5,000.000

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellants who were the applicants at the lower Court.

The applicants had filed an application for enforcement of their fundamental rights at Imo State High Court which sat, at Nkwerre, seeking the following reliefs:

1. A declaration that the arrest detention and the inhuman treatment of the 1st applicant and the threat to arrest the 2nd Applicant by the 3rd 5th Respondents at the behest of the 1st and 2nd Respondents over an alleged offence committed by their ward is unjustifiable in law and amounts to a violation of their fundamental rights to freedom of movement personal liberty human dignity and freedom from torture.

2. An Order enforcing the fundamental rights of the Applicants to freedom of movement personal liberty, dignity of human person and freedom from torture as respectively enshrined in Sections 41, 35 and 34 of the Constitution of the Federal Republic…

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