JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of Federal High Court, Benin City, Edo State of Nigeria in Suit No: FHC/B/CS/35/12 Between: ABDULFATAI AKINYEMI V. (1) THE DEPOT MANAGER, NIGERIA NATIONAL PETROLEUM CORPORATION (2) PIPELINES and PRODUCTS MARKETING CO. LTD delivered on the 5th day of March, 2013.
Briefly, the facts of the case are that the 1st Respondent as Plaintiff commenced this action at the Federal High Court, Benin City by a motion on notice brought under the Fundamental Right Enforcement Procedure Rules 2009 seeking to enforce his Fundamental Right under Section 44(1) of the 1999 Constitution of the Federal Republic of Nigeria.
By the said motion, the 1st Respondent claimed the following reliefs against the Attorney-General and Commissioner for Justice, Edo State and the 2nd Respondent as follows:-
(1) A declaration that the continued detention of the Applicants Mack truck with Registration No. XD 635 SGM with Chas…