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AFRIBANK NIGERIA PLC V. MR. MUFUTAU ADIGUN & ANOR.

(2008) JELR 34270 (CA)

Court of Appeal  •  CA/B/46/2002  •  20 Nov 2008  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ALI ABUBAKAR BABANDI GUMEL JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the decision of the Federal High Court sitting at Akure giving judgment in favour of the Applicant/Respondent.

At the lower court, the Respondent sought for and was granted leave to enforce the following claims:

"1. CLAIM

(a) A DECLARATION that the issue or transaction which subsisted between the Applicant and the 2nd Respondent is fundamentally civil in nature and content and therefore not subject to criminal law investigation and proceedings.

(b) A DECLARATION that the Applicant has not committed any offence known to law.

(c) A DECLARATION that the arrest and Detention of the Applicant by the Respondents at special enquiries bureau (SEB) State Police Headquarters, Akure from the 4th day of May, 1999 till the 7th day of May 1999 and his continued harassment and intimidation by the Respondents is wrongful, illegal and unconstitutional as it violates his fundamental rights to l…

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