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OGHENEOVO ANDREW ANIBOR v. ECONOMIC AND FINANCIAL CRIMES COMMISSION & ORS

(2017) JELR 37475 (CA)

Court of Appeal  •  CA/B/305/2012  •  11 Dec 2017  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): By a motion on notice, identified as Suit No. W/257/2011 and filed in the High Court of Delta State holden at Warri, the appellant, then applicant, applied for the enforcement of his fundamental rights by seeking the following relief:

1. A DECLARATION that the unlawful arrest and unlawful detention of the applicant in the cell of the Nigeria Police, Divisional Headquarters, Warri, between the hours of 11:10p.m. on Wednesday June 15, 2011 7:00a.m. of Thursday June 16, 2011 by the respondents without any formal charge is unconstitutional and wrongful act.

2. A DECLARATION that the unlawful search of the applicant law office at No. 22 Udu Bridge Road, by Ogodogu junction, near Udu Garage, Ovwian via Warri, between the hours of 9.00a.m. 10:00a.m. on Thursday June 16, 2011 by the respondents without any formal charge or order of Court is unconstitutional and wrongful act.

3. A DECLARATION that the unlawful seizure of docu…

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