JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Benin Division in Edo State of Nigeria in Suit No. B/452M/10 GEORGE C. IGBOKWE v. COMMISSIONER OF POLICE, EDO STATE and ORS delivered on 21st day of March 2011.
Briefly, the facts of the case are that the Appellant who was the Applicant at the lower Court, pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 prayed for the following reliefs:-
(1) A Declaration that the arrest and detention of the Applicant on the 4th day of June 2010 by the 2nd and 3rd Respondents in Edo State Investigation Department premises, Benin City is unlawful, illegal and unconstitutional as it violates the Applicants fundamental right to personal liberty guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999.
(2) A Declaration that the Respondents have no right whatsoever to freeze and continue to freeze the Applicants …