MUNTAKA-COOMASSIE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Oniyangi J. of the High Court of Justice F.C.T, Abuja - now lower court-dismissing the plaintiff ’s/applicant’s application for leave to enforce his fundamental rights. The applicant before that court is henceforth referred to as the applicant. Facts leading to the above application appeared to be straightforward. The appellant, a business man, was alleged to have been arrested on 10/3/97 by men of the Criminal Investigation Department Force Headquarters of the Nigerian Police Force, Abuja and subsequently detained. The arrest was sequel to a formal complaint, by one Wale Opeyemi from Lagos in 1995. The complainant claimed to be the appellant’s business partner to whom the appellant was indebted to the tune of N922,000.00 and had paid N200,000.00 before the said Opeyemi used the Police to collect the balance.
The appellant then filed a motion ex parte before the lower court toenforce his f…