(2014) JELR 46353 (CA)    

Court of Appeal  ·  CA/C/176/2012 ·  27 Mar 2014 ·  Nigeria
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ONYEKACHI A. OTISI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st appellant
3rd appellants
6th appellants
learned trial judge
counter affidavit
trial court
4th respondents
criminal offence
supreme court
1st respondent
a.g. federation
akwa ibom state
asutan ekpe
asutan ekpe clan council of chiefs
breach of peace
exhibit a
judgment of the lower court
prima facie case
village head of ntuk otong
1st applicant
2nd applicant parades
arrest of the respondents
authority of the 1st respondent
clan head of asutan
complaint of the 1st appellant
conclusion of the trial
duty of citizens of this country
exhibit ae
failure of the learned trial judge
following manner
high court
ibesikpo asutan local government area
ibesikpo asutan traditional rulers council
indigenes of ntuk otong village
infringement of their fundamental rights
justification of their resistance
leading judgment
light of the facts
order of clan head
pleadings of the respondents
reliable evidence
responsibility of the police
see nwana v
such report
village palm fruits

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on the 16th of April, 2012.

The Respondents (as Applicants), instituted an action at the High Court against the Appellants (as Respondents) seeking some declaration for the infringement of their Fundamental Rights allegedly violated by the Appellants. The 1st - 3rd Appellants filed their Counter Affidavit and a Written Address. The 4th - 6th Appellants did not file any process.

The matter was, therefore, contested on the pleadings of the Respondents and the 1st - 3rd Appellants. At the conclusion of the trial, the learned trial judge entered judgment for the Respondents' restrained the 5th and 6th Appellants from arresting the Respondents and awarded the sum of N500,000.00 (Five Hundred Thousand Naira) damages against the Appellants.

Aggrieved, the Appellants filed a Notice and four (4) grounds of Appeal urging this court…

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