ADEREMI JCA (Delivering the Lead Judgment): The appeal here is against the ruling of the High Court of Justice of Imo State sitting at Orlu in suit No. HOR/222M/97: Chief Aloysius Omeire and 5 Ors. v. Ngozi Adinuso and 3 Ors. delivered on the 24th of March, 1999 dismissing the respondents/ appellants’ motion for preliminary objection.
The respondents, as applicants in the court below, had on 24th June, 1997 filed an application for leave to enforce their fundamental rights. Leave to so do was granted on 27th June, 1997. In the substantive action before the court below, the applicants/respondents had sought the following reliefs:
“(a) A declaration that the arrests and detention of the applicants on 5/5/97 at Orlu police station and on 12/6/97 and 16/6/97 at Imo State police headquarters, Owerri without a warrant of arrest are wrongful, illegal, unconstitutional and a violation of the liberties of the applicants as guaranteed under the Constitution as restored by Decree No. 107 of 19…