MR. ADESINA AKINBAJO V. MR. ISMAILA OLOWOLAYEMO & ORS

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Ogun State High Court of Justice in Suit No. M/258/2013 delivered on the 11th of Feb. 2014 in favour of the 1st Respondent granting all the reliefs as prayed.

The 1st Respondent commenced this Suit via a motion on notice dated 12th November 2013 and filed same day seeking for the Enforcement of his Fundamental Human Rights claiming the following reliefs:

a. Declaration that the assault, harassment, arrest and detention of the Applicant in the 2nd to 4th Respondents Custody and/or Police Cell at State Police Headquarters, Eleweeran, Abeokuta, Ogun State at the instance of the 1st Respondent without any trial between 1st October 2013 to 18th October 2013 is unlawful, unconstitutional and a flagrant violation of the Applicants fundamental right to liberty as guaranteed under Section 35 of 1999 Constitution.

b. Declaration that the continuous detention of the Applicant beyond reasonable time…