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ATTORNEY GENERAL OF LAGOS STATE v. MAMMAN KEITA

(2016) JELR 37072 (CA)

Court of Appeal  •  CA/L/477/2012  •  24 Mar 2016  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA JOSEPH SHAGBAOR IKYEGH JCA CHINWE EUGENIA IYIZOBA JCA

Judgement


JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against part of the decision of the High Court of Justice of Lagos State (the Court below) awarding ₦7 million against the appellant and the Commissioner of Police, jointly and severally, for the infringement of the respondent's fundamental right to personal liberty.

Put in a nutshell, the facts that led to the appeal emerged in this way. The respondent, a ram merchant, from Niger Republic (a Nigerian) came to Lagos to sell rams. Some Street urchins/hoodlums attacked him with broken bottles and extorted money from him. Some of them escaped. One of the attackers was however, unable to escape with the others. He drew a knife and stabbed the respondent who struggled and overpowered him and stabbed him with the knife. It was at that stage that some policemen came to the scene. The police arrested the respondent. The attacker was taken to a hospital. He died at the hospital of the knife injury inflicted on him b…

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