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OLIVER
V.
PRO-LOVE VENTURES LTD & ORS

(2022) JELR 110372 (CA)

Court of Appeal 14 Jan 2022 Nigeria
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- The appellant filed an originating motion at the Federal High Court seeking declarations and damages for alleged infringement of his fundamental rights arising from his arrest and detention by police after a business dispute with the 1st

Case Details

Suit Number:CA/C/418/2019
Judges:Mojeed Adekunle Owoade JCA Muhammed Lawal Shuaibu JCA Ademola Samuel Bola JCA
Counsel:C.I. Udo, Esq. For the Appellants; Jumbo Udom, Esq., for 1st & 2nd Respondents.

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Uyo, presided over by Hon. Justice A. A. Okeke, delivered on 5th July, 2019 dismissing the applicant’s application for failure to show that his arrest was not as a result of reasonable suspicion of committing a crime.

The appellant as applicant before the lower Court filed an originating motion on 10/5/2018 pursuant to Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Sections 34(1), 35(1), 41(1) and 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) praying for the following reliefs:-

(A) A declaration that the arrest of the applicant on the 29th day of March, 2018 at the premises of Federal Inland Revenue Services (FIR) located at Udo Udoma Avenue, Uyo by the 3rd and 4th respondents on the instigation of the 1st and 2nd respondents over a civil transaction amount to infringement of the Fundam…

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