COMMISSIONER OF POLICE, LAGOS STATE & 2 ORS V. MR. OKWUCHUKWU OBIECHINA & MRS. NZUBE OBIECHINA

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By originating motion dated 5th July, 2017 but filed on 6th July, 2017, the Respondents sought the following reliefs from the Federal High Court, Lagos (Lower Court).

“1. A DECLARATION that the arrest, torture and detention of the Applicants for twenty (22) days (sic) at the detention cell of the 3rd Respondent at Ikeja from the 2nd of June 2017 to 23rd of June 2017 by the Respondents without any Court order is illegal, wrongful, oppressive, unlawful, unconstitutional as it violates the Applicants fundamental rights as guaranteed under Sections 33, 34, 35, 36 and 41 of the 1999 Constitution of the Federal Republic of Nigeria.

2. A DECLARATION that the forceful seizure and confiscation of the Applicants Soft Bank Phone and Samsung NNTT Docomo Phone by the operatives of the Respondents on the 2nd of June 2017 without any Court Order is illegal, wrongful, unlawful, unconstitutional as it violates the Applicants fundamental rig…