LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY MR. GIWA COMMISSIONER FOR TRANSPORTATION THE ATTORNEY-GENERAL OF LAGOS STATE V. JOHNSON O. EZEZOOBO

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Lagos State contained in the judgment of Adebiyi J., of 10 November 2006. The circumstances leading to this appeal is that the respondent by a motion on notice dated 15 October 2003, prayed the lower court for the enforcement of the respondent’s fundamental rights pursuant to Order 2, rule 1(1) of the Enforcement Procedure Rules of 1979. He also sought for a declaration that the arrest and forcible seizure of his Mercedes Benz 230 V-Boot car with Registration No. EU 894 AAA, along Apapa/Oshodi expressway, a federal highway on 26 August 2003, is a gross violation of the respondent’s right to freedom of movement guaranteed under section 41 of theConstitution of the Federal Republic of Nigeria, 1999 and Article 12 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Cap. A.9, Laws of the Federation of Nigeria, 2004, amongst other reliefs. The appe…