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MRS. GANIAT AMOPE DILLY v. INSPECTOR GENERAL OF POLICE & ORS

(2016) JELR 33238 (CA)

Court of Appeal  •  CA/L/12/2013  •  22 Jun 2016  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The Appellant brought an application by way of an originating summons under the Fundamental Rights (Enforcement Proceedings) Rules 2009 seeking to enforce the right to life of her son who died in Police Custody upon his arrest by the Police. HON. JUSTICE O. H. OSHODI heard the application and dismissed it on the 9th October, 2012. The main reason of the dismissal was that the Appellant cannot enforce the right to life of her deceased son (late Akindele Dilly). Aggrieved by the said Ruling, the Appellant filed a Notice of Appeal dated 15th October, 2012 setting out 3 grounds of appeal.

The brief facts of this appeal are that the Appellant filed an application under the Fundamental Rights procedure to demand compensation for her son who at the instigation of the 5th - 7th Respondents was arrested by the Police and refused bail until the Appellant gives the Police the sum of N50,000.00 an amount she could not raise. As she…

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