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UBONG AKPAN HENRY V. MRS ANIEMA OKON BASSEY & ORS.

(2021) JELR 109544 (CA)

Court of Appeal  •  CA/C/53/2016  •  3 Dec 2021  •  Nigeria

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

Judgement

JAMES SHEHU ABIRIYI, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment delivered on the 14th October, 2013 in the High Court of Akwa Ibom State in the Uyo Judicial Division sitting at Uyo. In the High Court (the Court below), the Respondents were the Applicants. The Appellant was the 1st Respondent.

In the Court below, the Respondents by an application for the enforcement of their fundamental rights pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 sought for the following reliefs:

“(i) Declaration that the arrest and detention of the 1st and 2nd Applicants by the 3rd and 4th Respondents on Tuesday 21st day of February, 2012 at the behest of the 1st Respondent and threat to arrest and detention of the 3rd and 4th Applicants when there is no reasonable suspicion of their having committed any offense is an infringement of each of the applicants fundamental right to personal liberty which right is guarantee in Section 35(1) o…

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