JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court Asaba Division, Delta State of Nigeria in Suit No: FHC/ASB/CS/12/2013 DR ALOYSIUS OZAH v. (1) EFCC (2) UNION HOMES SAVINGS and LOANS PLC (3) MR. MARTINS MMONEKE delivered on the 15th day of May, 2012.
Briefly, the facts of this case are that the Appellant who is an Estate Developer and Managing Director of NARZCO NIGERIA LIMITED with its Corporate Head Office at No. 10, Church Street, Oshodi, Lagos State, sued the Respondents before the Lower Court over the enforcement of his Fundamental Human Right in the following terms:-
- A DECLARATION that the threat and continuing threat to arrest and detain the Appellant for no offence known to law by the 1st Respondent, its agents, officers, servants, privies or otherwise however, at the instance of the 2nd and 3rd Respondents is unconstitutional and illegal as it violates the Appellants Fundamental Rights as guaranteed u…