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OLIVER IWUNUNNE v. MORRIS EGBUCHULEM & ORS

(2016) JELR 36888 (CA)

Court of Appeal  •  CA/OW/80/2012  •  29 Apr 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Imo State High Court in Suit NO. HME/83/2008, delivered by HON. JUSTICE T.E. CHUKWUEMEKA CHIKEKA on 10th December, 2008, wherein the trial Court granted the reliefs sought by the Applicant (now 1st Respondent).

The matter at the trial Court was an application for enforcement of fundamental right of the Applicant, couched as follows:

??Redress for the infringement of the fundamental rights of the Applicant in terms of the relief set out in paragraph 2 of the statement accompanying the application for leave and served along with this application, thus:

(a) A declaration that the arrest, detention and torture of the Applicant at the Nigeria Police, Imo State Command Headquarters at Owerri from the 18th day of June to the 20th day of June, 2008, a period of three days, by the 2nd and 3rd Respondents at the behest and instigation of the 1st Respondent constitutes an infringement of the …

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