MR. NIYI ALUKO & ANOR V. COMMISSIONER OF POLICE & ORS

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ondo State High Court of Justice, Akure Division, presided over by Hon. Justice A. O. Odusola, delivered on 4th day of March, 2013.

The Applicants/Appellants claims were for the following:

(a) A declaration that invasion of the 1st Applicant's residence and the forceful removal of his wife's Toyota Camry Car with Reg. No. AT 889 AKR on the 11th day of October, 2011 is unlawful, inoperative, illegal, unconstitutional, and constitutes violation of his right to private and family life.

(b) A declaration that the threat to arrest and detain the Applicants on a civil action which does not constitute offence is unlawful, illegal and unconstitutional and a violation of fundamental right to liberty and freedom of movement.

(c) A declaration that the equitable mortgage transactions between the Applicants and the 3rd Respondent does not constitute a criminal offence under the Criminal Code L…