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JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on the 29th March, 2017 in the High Court of Akwa Ibom State in the Itu Judicial Division sitting at Itu. In the High Court (the Court below), the 1st Respondent applied for the enforcement of his fundamental rights against the Appellants, Commissioner of Police, Akwa Ibom State and Inspector Ogar Etta.
The 1st Respondent sought for the following reliefs:
1) That his arrest at the instigation of the Appellants was an infringement of his fundamental rights guaranteed under Section 35(1) (4) and (5), and 34(1) of the Constitution.
2) A declaration that the threat of further arrest if he did not pay the sum of N1,012,085 to the 1st Appellant is null and void.
3) A declaration that the recovery of debt is not part of the duties of the Nigeria Police.
4) An order of perpetual injunction restraining the Appellants and the two police officers from further harassing, arresting and detaining…