JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on the 26th October 2016 in the High Court of Akwa Ibom State, Uyo Judicial Division holden at Uyo.
In the High Court (the Court below), the Respondent applied under Order II Rules 1-5 of the Fundamental Rights (Enforcement Procedure) Rules 2009, and Sections 33, 34(1)(a) and 46(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) for the enforcement of his fundamental rights allegedly violated by the Appellant.
To this end, he sought two declaratory reliefs and two orders. Specifically, he sought for an order declaring that the torture, inhuman or degrading treatment meted out on him by the Appellant violated his right under Section 34(1)(a) of the Constitution and a declaration that he is entitled to the right to personal dignity. He sought for an order of perpetual injunction restraining the Appellant from further threatening, bullying, maltreating, beat…