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ENIANG EDEM EKPO ENE & ORS v. ELDER BASSEY A. BASSEY & ORS

(2014) JELR 36433 (CA)

Court of Appeal  •  CA/C/100/2011  •  10 Jun 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

UZO I. NDUKWE-ANYANWU JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 9th February, 2011. In it the learned trial Judge granted the Applicants the following reliefs:

"1. It is declared that the threatened arrest of the 2nd and 3rd Applicants by the Police from the Force CID Annex, Alagbon Close, Ikoyi, Lagos is in breach of their constitutional rights provision and that such arrest will be illegal, unlawful and therefore null and void.

2. It is declared that even if any offence had been committed, the applicants are entitled to a trial within a reasonable time and that any threatened arrest of the Applicants is unlawful.

3. It is declared that the Applicants are entitled to move freely throughout Nigeria and to reside in any part thereof without inhibition or restriction of their liberty.

4. The Respondents are hereby restrained by order of injunction from further arrest or threat o…

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