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JIDE ARULOGUN v. COMMISSIONER OF POLICE, LAGOS STATE & ORS

(2016) JELR 37042 (CA)

Court of Appeal  •  CA/L/893/13  •  22 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): This Appeal centers on compensation in matters relating to enforcement of Fundamental Rights. By an Application brought pursuant to Order II Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules, and Sections 35(1), 44(1) and 46 of the 1999 Constitution, and under the Inherent jurisdiction of the Federal High Court, the Appellant prayed for-

(a) A Declaration that his arrest and detention by the 1st-3rd Respondents at Oko-Oba Police Station, Abule-Egba, Lagos State on the 3rd-4th of March, 2013 is unlawful and unconstitutional.

(b) A Declaration that the seizure of his Tricycle with Plate Number QQ 371 LSR by the 1st-3rd Respondents at the [said Station] is unlawful, illegal and unconstitutional,

(c) An Order directing the 1st-3rd Respondents to release forthwith his Tricycle.

(d) An Order of perpetual injunction restraining [them] their servants, agents, privies etc' from further harassing, intimidating…

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