LUKA V. A. G., KADUNA STATE & 4 ORS

ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice of Kaduna State, in the Kafanchan Judicial Division, sitting in Kafanchan delivered on the 28th September, 2023 in which the lower Court dismissed the claims of the Appellant having failed to discharge the burden of proving that his Constitutional Right to Personal Liberty was violated.

The Appellant commenced his suit via a motion on notice dated 18th July, 2023 seeking the enforcement of his Fundamental rights, pursuant to Sections 34(1) and 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Order II Rules II and V of the Fundamental Rights (Enforcement Procedure) Rules 2009, Articles 5 and 6 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act wherein he sought the following reliefs:

1. A Declaration that the arrest, degrading and inhuman treatment meted out to the person of the Applicant by …