SHEDRACK BENSON & ORS V. THE COMMISSIONER OF POLICE DELTA STATE & ANOR
(2018) JELR 39296 (CA)
Court of Appeal
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CA/B/392/2014
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23 Mar 2018
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Nigeria
Coram
PHILOMENA MBUA EKPE JCA;
SAMUEL CHUKWUDUMEBI OSEJI JCA;
MOORE ASEIMO ABRAHAM ADUMEIN JCA;
Appearances
F. F. Elume, Esq. For Appellant
No Legal Representation For Respondent
Judgement
<p><strong>MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Delivering the Leading Judgment):</strong> The appellants were the applicants in Suit No. S/M/88/2013 instituted in the High Court of Delta State, holden at Sapele. The appellants applied for the enforcement of their fundamental rights and sought the following relief:</p><p>A. A declaration that the beating (particularly hitting the 1st applicant in the chest with wood) at the place of business of the 1st applicant by Amos a policeman attached to Nigeria Police, Sapele Divisional headquarters agent of the 1st and 2nd respondents is a violation of the Right of the 1st applicant to life.</p><p>B. A declaration that the assault, battery and the using of wood to hit the 1st applicant by Amos a policeman attached to the Sapele Divisional headquarters of the Nigeria Police, Sapele, Delta State, agent of the 1st and 2nd respondents is a violation of the Right to Life and dignity of human person.</p><p>C. A declaration that the intimidation, threat and continued search for the arrest, deβ¦</p>