(2022) JELR 109128 (CA)    
Court of Appeal  ·  CA/C/307/2016 ·  14 Jan 2022 ·  Nigeria
James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA Ademola Samuel Bola, JCA
Core Terms Beta
1st respondent
3rd respondents
affidavit evidence
fundamental rights
counter affidavit
lower court
18th july
2nd respondent
sole issue
detention of the 1st respondent
trial court
learned trial judge
order of this honourable court
peace corps of nigeria
record of appeal
trial judge
above application
abundance evidence of arrest
appellant’s brief
applicant’s position
applicant’s reliefs
award of the damages
constitution of the federal republic of nigeria
continued detention of the applicant
damages of n30,000
day of that unlawful detention
deputy commandant
detention of patriot james ochiche
evidence of the parties support
fundamental right
illegal leadership of the 1st respondent
infraction of the fundamental right of the applicant
leading judgment
muhammed l. shuaibu
national industrial court of nigeria
order of this court
person of the applicant
recruitment of officers
regards leadership of peace corps of nigeria
said suit
subject matter of suit
subject matter of this present application
sufficient evidence
support of the motion

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Cross River State delivered by Hon. Justice Eyo Ita on 12th August, 2016 granting the applicant’s reliefs.

The applicant vide a motion on notice filed on 2/8/2016 brought pursuant to Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and Order 11 Rules I to v. of the Fundamental Rights (Enforcement Procedure) Rules, 2009 prayed for the following reliefs:

1. AN ORDER of this honourable Court granting bail to the applicant that has been in detention by the 2nd respondent since 18th July, 2016 till date over matters that is pending in Court.

2. AN ORDER of this honourable Court restraining the 1st to 3rd respondents from further arresting, detaining and or meting out in-human and degrading treatments on the person of the applicant who was arrested and detained by the 2nd and 3rd respondents at Special Anti-Robbery Squad State Police Command, Diamon…

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