INTERNATIONAL BANK PLC. V. MR. GODSPOWER ONWUKA THE COMMISSIONER OF POLICE, CROSS RIVER STATE THE DIVISIONAL POLICE OFFICER AKIM POLICE STATION, CALABAR

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of his lordship, Anjor J. sitting at the Cross River State High Court, Calabar, delivered on 31 August 2005.The 1st respondent as applicant instituted this action by a motion ex parte dated and filed on 29 July 2005 under the Fundamental Rights (Enforcement Procedure) Rules, 1979 wherein he prayed the court for:

An order granting leave to bring an application for the enforcement of his fundamental rights as enshrined in sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999. An order staying all further arrest, detention or harassment of the applicant by or at the instance of the respondents pending the determination of the suit. And for such further order or orders as this honourable court may deem fit to make.

The rather unfortunate facts of the case are as follows. The 1st respondent was a bulk teller cashier with the appellant. Sometime, on 17 May 2005, one of the custo…