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MR. UZOMA CHIMA v. FIRST BANK NIGERIA PLC & ANOR

(2017) JELR 37273 (CA)

Court of Appeal  •  CA/C/236/2016  •  12 Jul 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Akwa Ibom State High Court sitting at Uyo in suit No. HU/FRH/99/2015 delivered on 25th day of February, 2015.

The Appellant at the Lower Court by a Motion on Notice dated 15th of July, 2015, sought an order of the Honourable Court for enforcement of his fundamental rights in Suit No. HU/FRH/99/2015 and in the said suit prayed the Court for the following reliefs:

i. A DECLARATION that the arrest and detention of the Applicant by the 1st Respondent using men of the 2nd Respondent without an order of Court for a civil debt/loan transaction the Applicant had with the 1st Respondent from 13th May, 2015 to 14th May, 2015 at the C-Division, Police Headquarters, Uyo and thereafter at the 2nd Respondents Port-Harcourt Office from 14th May, 2015 to 8th June, 2015 constitutes an infringement of the Applicants Fundamental Rights guaranteed and protected by Sections 34(1) (a) and 35(1) of theā€¦

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