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IDIOKITA & 5 ORS

(2026) JELR 115068 (SC)

Supreme Court 30 Jan 2026 Nigeria
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- The 1st respondent (plaintiff at trial) was arrested, detained, and threatened by police officers (2nd–6th respondents) at the instigation of the appellant, over a failed business transaction involving the 1st respondent’s son, despite th

Case Details

Suit Number:SC/CV/747/2024
Judges:JOHN INYANG OKORO, J.S.C., HELEN MORONKEJI OGUNWUMIJU, J.S.C., ADAMU JAURO, J.S.C., OBANDE FESTUS OGBUINYA, J.S.C., ABUBAKAR SADIQ UMAR, J.S.C.,
Counsel:John Okoriko, Esq. (with him, G.A. Okereke, Esq.) for the Appellant Eric K. Omare, Esq. (with him, Zeph Omvuzulike, Esq. and M.I. Okoye, Esq.) for the 1st Respondent Onoriode William Ewenode, Esq. for the 2nd and 6th Respondents

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Coram: Bolaji-Yusuff, Obaseki-Adejumo, Abdul-Azeez Waziri, JJCA delivered on 13/3/2024 which set aside the decision of Okon E. Abang, J., at trial delivered on 18/2/2022. At trial, the present 1st respondent had sought the following reliefs from the trial court as consequential orders to his prayers in his motion for enforcement of his fundamental human rights:

  1. A declaration that the arrest and detention of the applicant by the 5th respondent from the 10th of August, 2021 to 13th of August, 2021 on the instigation of the 6th respondent is unconstitutional, illegal and unlawful and it is an infringement on the fundamental rights of the applicant as guaranteed under sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

  2. A declaration that the threat of further arrest of the applicant by the 2nd to 4th respondents on…

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