(2015) JELR 44077 (CA)    

Court of Appeal  ·  CA/L/253M/2012 ·  6 Feb 2015 ·  Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
originating processes
lower court
1st respondent
affidavit of service
notice of appeal
trial court
fair hearing
trial judge
jurisdiction of the court
supreme court
fundamental rights
court bailiff
a.c. duru
affidavits of service
determination of the suit
miss a.c. duru of the appellant
prima facie evidence of proof of service
breach of the applicant
circumstances of the case
circumstances of this case
court finds
detention of the applicant
dignity of human person
end of proceedings
extension of time
fundamental right
grounds of appeal
hold water
injunctive orders
judgment of the federal high court
lack of proper service
laws of the federation of nigeria
leading judgment
learned counsel
lower court of any jurisdiction
next adjourned date
provisions of the evidence act
reasonable cause of action
reasonable time
said 14th of october
such manner
total sum of n3m
way of service of processes

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Lagos Division delivered on 11th of November, 2011 awarding the 1st respondent a total sum of N3m only as exemplary and aggravated damages as well as some injunctive orders against the appellant.

The 1st respondent, as plaintiff, applied for his Fundamental Rights and claimed the following reliefs:

"1. A declaration that the arrest and continued detention of the applicant at the NNS Beercroft, Apapa, Lagos by the respondent on the 4th of August, 2011 constitutes a breach of the applicant's fundamental right to freedom of movement, liberty and dignity of human person prescribed in Section 41, 35 and 34 respectively of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 5, 6 and 12 of the African Charter on Human and People's Right Cap. A9, Laws of the Federation of Nigeria, 2004.

2. AN ORDER compelling the respondent to release the applic…

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