(2018) JELR 39013 (CA)    

Court of Appeal  ·  CA/A/763/2017 ·  14 Jun 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable suspicion
personal liberty
african charter
learned counsel
constitution of the federal republic of nigeria
peoples rights
lower court
agents of the respondent
arrest of the appellant
amended originating motion
applicants counsel
arrest of the applicant
learned trial judge
leave of court
said items
absence of any judicial order
account of exhibits efcc
applicants reliefs
background facts
court of competent jurisdiction
criminal charge
decision of the lower court
early hours of 8th day of august
enabling act
facts of this case
fair investigation
financial crimes commission
fundamental rights
inherent jurisdiction of the court
investigation of criminal complaints
leading judgment
order of this honourable court
paragraph affidavit
plaintiffs case
points of law
powers of the police
provisions of the constitution of the federal republic
provisions of the fundamental rights
receipt of the respondents brief of argument
statutory duty
statutory powers
such further
view of principle of fair hearing

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of G. O. Kolawole J. of the Federal High Court Abuja Judicial Division, and delivered on the 30th of June, 2017 dismissing suit No. FHC|ABJ|CS|593|2016 brought by the Appellant against the Respondent pursuant to the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 2009, the provisions of the Constitution of the Federal Republic of Nigeria 1999 as amended, and under the inherent jurisdiction of the Court. In dismissing the plaintiffs case, the lower Court in its own words, stated that:

Having regard to the facts of this case, it is my decision to resolve the 3 issues set down by the Respondent in its favour on account of Exhibits EFCC 1, EFCC 2 and EFCC A produced by the Respondent. The Applicants reliefs 1, 2 and 3 fails and they are accordingly dismissed. In relation to relief 4, it is my view that since the Respondent has not been able to prefer any criminal charge agai…

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