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CYPRAIN E. IBENEME v. MR. AWOLABI & ORS

(2014) JELR 36467 (CA)

Court of Appeal  •  CA/PH/382/2007  •  7 Jul 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA G. MBABA JCA; PETER OLABISI IGE JCA;

Judgement

ITA G. MBABA, J.C.A (Delivering the Leading Judgment): This is an Appeal against the decision of the Abia State High Court, in suit No. HOB/37M/06, delivered on 5/2/2007 by Hon. Justice S.M. Analaba, wherein the court dismissed the Fundamental Rights application, taken out by the Appellant, (Applicant at the Court below), saying that Applicant did not establish that:

"the Respondents engaged the services of the Bakassi men to invade, brutalise, arrest and detain them."

In the application, at the trial court, filed pursuant to Order 1 Rule 2 (1) (3) of the Fundamental Rights (Enforcement procedure) Rules, 1979, Applicant had sought a declaration that the invasion of his residence at No. 15 Brass Street, Aba, arresting and detention by persons, who acted at the instance and/or instructions of the 1st and 2nd Respondents was unconstitutional, in that the same constituted infringement of his fundamental right; and that his humiliation and disgrace, in the hands of the said agents of the 1…

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