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MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Calabar; Coram Hon. Justice E. J. Aneke delivered on 16th December, 2010 wherein judgment was given in favour of the applicant now 1st respondent at page 125 of the record of appeal as follows:-
“I therefore find and hold that the respondents have failed to adduce any evidence to establish the legality and constitutionality of the unlawful arrests and detentions of the applicant for the periods in question beyond their powers and that the applicant has established a case against them. Accordingly, I hereby grant the applicant’s prayer for the award of damages of the sum of One Million Naira (N1,000,000.00) against the respondents for the infringement of the applicant’s fundamental rights as enshrined in Sections 34 and 35 of the 1999 Constitution of Nigeria.”
Miffed by the above decision, appellant approached this Court through a notice of appeal fi…