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(2021) JELR 109416 (CA)

Court of Appeal  •  CA/C/287/2016  •  28 Sep 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 28th July, 2016 in the High Court of Cross River State holden at Calabar.

In the High Court (the Court below), the Respondent was the Applicant in a fundamental rights action. The Appellants were the Respondents.

In the Court below, the Respondent sought for a declaration that the beating, assault, torture, harassment, molestation, degrading and inhuman treatment on him by the employees of the Respondents was illegal, unlawful, unconstitutional and amounted to the infringement of his fundamental rights. 2. A claim for Five Hundred Million Naira compensation for the infringement of his fundamental rights and 3. An order of perpetual injunction restraining the Appellants from further infringement of his fundamental rights to the dignity of his person, personal liberty, etc.

​The facts of the case as can be gathered from the affidavit in support of the Respondent’s action are s…

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