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(2021) JELR 109436 (CA)

Court of Appeal  •  CA/C/272/2016  •  28 Sep 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 18th April, 2016 in the High Court of Akwa Ibom State sitting at Uyo. In the High Court (the Court below), the 1st Respondent was the Applicant in an action brought pursuant to Order 2 Rules 1-4, Sections 34 (1) (a), 35, 41 and 46(1) of the 1999 Constitution FRN (as amended) as well as Articles 5, 6 and 12 of the African Charter on Human and Peoples Rights. The Appellants were the 1st, 2nd and 3rd Respondents while the 2nd and 3rd Respondents were the 4th and 5th Respondents.

In the Court below, the 1st Respondent claimed against the Appellants and the 2nd and 3rd Respondents for a declaration that his arrest and detention on 2nd July, 2015 on the instigation of 2nd and 3rd Appellants was in breach of the above provisions of the constitution and the African Charter on Human and Peoples Rights.

2. An order of perpetual injunction preventing his further arrest, harassment and de…

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