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ADEYEMI CANDIDE-JOHNSON V. MRS. ESTHER EDIGIN

(1990) JELR 42960 (CA)

Court of Appeal  •  CA/K/125/88  •  10 Jan 1990  •  Nigeria

Coram
UTHMAN MOHAMMED JCA; SANI SALITH AIKAWA JCA; OKAY ACHIKE JCA;

Appearances
J. B. Majiyagbe, S.A.N. (with him, D. I. Duneji) For Appellant A. B. Mahmoud, Ag. Director of Civil Litigations, Ministry of Justice, Kano State, (with him, Tijani Yahaya, Assistant Director of Civil Litigations, Ministry of Justice, Kano State For Respondent

Judgement

ACHIKE, J.C.A. (Delivering the Leading Judgment): On 22nd December, 1987, at the Chief Magistrate Court No.8, Kano, presided over by Her Worship, Mrs. Esther A. Edigin, Ag. Chief Magistrate, Grade 2, Mr. Adeyemi Candide-Johnson appeared in that court as counsel to the accused in the case of Commissioner of Police v. Obong Etukurem, KA/70CB/87. Consequent to what transpired at the said court, Her Worship ordered the detention of Mr. Candide-Johnson for a couple of minutes at the cell. Having obtained prior leave of the Court by Ex parte Motion, Mr. Candide-Johnson, as applicant, moved the Federal High Court Kano by Motion on Notice for redress for the breach of his fundamental rights on the grounds set out in the copy of the Statement in support of the application. The amended Statement in its paragraph 4 contained the following reliefs:

"1. An order to remove the purported second proceedings of the 22nd day of December, 1987 for the purpose of the said proceedings and the purported o…

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