LAGOS STATE TRAFFIC MANAGEMENT AUTHORITY & ORS V. JOHNSON O. ESEZOBO

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State contained in the judgment of Adebiyi J. of 10th November, 2006.

The circumstances leading to this appeal is that the Respondent by a motion on notice dated 15th 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 1978 (sic). 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 August 26th, 2003 is a gross violation of the Respondent's right to freedom of movement guaranteed under Section 41 of the 1999 Constitution and Section 12 of the African Charter of Human and Peoples Right (Ratification and Enforcement) Act Cap 10 amongst other reliefs. The Appellants filed a 19-paragraph Counter-Affidavit …