JUSTICE J. S. ABIRIYI (Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th December, 2012 in the High Court of Akwa Ibom State holden at Uyo.
In the High Court (the court below), the Respondents were Applicants. The Appellant and two others were Respondents.
The Respondents by a motion brought pursuant to Order 11 Rules 2, 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009 prayed for a declaration that their arrest and detention by the Appellant and the two others was unlawful and amounted to a breach of their fundamental rights among other reliefs sought.
The application was supported by an affidavit and it was brought upon five grounds.
The Appellant filed a counter affidavit in opposition. The Appellant’s counter affidavit elicited a further and better affidavit.
The Appellant’s preliminary objection to the hearing of the application was considered in the judgment of the court below.
The Respondents’ case in the court below was that t…