judy.legal
Login Register

MR. XAVIER SAVIOUR ESSIEN v. THE AREA COMMANDER, POLICE HEADQUARTERS, IKOT EKPENE & ORS.

(2010) JELR 33076 (CA)

Court of Appeal  •  CA/C/154/2008  •  29 Mar 2010  •  Nigeria

Coram
KUMAI B. AKAAHS JCA; JA'AFARU MIKAILU JCA; NWALI S. NGWUTA JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Applicant now 3rd Respondent by her motion ex-parte filed on 26/8/05 in the High Court of Akwa Ibom State in the Uyo Judicial Division sought and obtained leave seeking the enforcement of her fundamental rights allegedly infringed upon by the 1st and 2nd Respondents and sought the following reliefs:-

(a) A declaration that arrest and detention of the Applicant by the 2nd Respondent acting on the authority of the 1st Respondent and on the instigation of the 3rd Respondent when the Applicant has not committed any offence is a violation of her fundamental rights to personal liberty and freedom of movement guaranteed under section 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999, therefore illegal, unlawful and unconstitutional.

(b) An order directing the Respondents to jointly and severally pay to the Applicant the sum of N500,000.00 (Five Hundred Thousand Naira) Only damages for the wrongful violatio…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login