YAKUBU JCA (Delivering the Lead Judgment): The respondent along with his company - Philovia and Jason Engineering Co. Ltd, had filed an action against Nassertex Brothers and Sons Ltd. and another for trespass on the former’s plot of land at Abuja, at the Federal Capital Territory High Court of Justice, Abuja. Another company - Gastex Enterprises Ltd was joined later as a party in the said action which had started to hearing. However, while the suit was pending at the court aforementioned, the appellants, at the instance of Gastex Enterprises Ltd, arrested the respondent and detained him in Benin City from 24 November 2004 to 25 November 2004 before taking him to Abuja where he continued in the detention cell of the appellants up to 8 December 2004 when he was released by the appellants.
In consequence of the above, the respondent, filed an application at the Federal High Court, Benin City, alleging a breach of his fundamentalrights in respect of his arrest in Benin City on 24 Novembe…