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CHRISTOPHER IGBO & ORS v. GABINUS DURUEKE & ORS

(2014) JELR 36649 (CA)

Court of Appeal  •  CA/OW/103/2009  •  28 Mar 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Judgement

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Owerri delivered on the 12th day of November, 2008 in favour of the Applicants/Appellants. On the 28th day of June, 2006, the Appellant as applicants filed a motion ex parte against the Respondents for leave to enforce their fundamental rights as enshrined in Section 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 and all other laws in that behalf. The Appellants/Applicants also prayed for six reliefs as stated in their motion ex parte and the reliefs sought by the Appellant/Applicants were as follows:

"1. A declaration that the arrest and detention of the Applicants at Divisional Police Headquarters, Nwaorieubi, Mbaitoli Local Government Area, Imo State, on 26th day of May 2006 by the 2nd and 3rd Respondent at the behest of the 1st Respondent is unlawful and unconstitutional.

2. A declaration that the arrest and detention of the Applican…

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