(2000) JELR 43971 (CA)    

Court of Appeal  ·  CA/A/4/98 ·  1 Mar 2000 ·  Nigeria
Other Citations
Zakari v. I.G.P. (2000) 8 NWLR (Pt. 670) Pg. 666
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
lower court
fundamental rights
federal government
constitution of the federal republic of nigeria
decree no.
general provisions
specific provisions
high courts
mr. wale opeyemi
said decree
wale opeyemi
absolute release of the applicant
fundamental rights of the applicant
honourable court
issue of jurisdiction
subject matter
virtue of section
business man
competent court of jurisdiction
court hold
exclusive jurisdiction
following orders
fundamental rights enforcement rules cap
good reason
high court of justice fct abuja
issue of enforcement of the fundamental rights
laws of the federation of nigeria
leading judgment
learned trial judge
leave of the honourable court
leave of this honourable court
power of the high court of a state
preserves s.
provision of the said s.230
provisions of this chapter
pursuance of the provision of this section
registration no. lagos ae
ruling of oniyangi j. of the high court
said opeyemi
such order
trial judge
view of the combined effect of the provisions
view of the provisions of decree no.

MUNTAKA-COOMASSIE,J.C.A. (Delivering the Leading 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/applicant's application for leave to enforce his Fundamental Rights. The applicant before that court is henceforth referred to as the appellant.

Facts leading to the above application appeared to be straight forward. 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 Exparte before the lower court to enforce h…

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