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MRS. BABY JUSTINA LUNA V. COMMISSIONER OF POLICE RIVERS STATE POLICE COMMAND & ORS

(2010) JELR 41386 (CA)

Court of Appeal  •  CA/PH/216/2004  •  8 Apr 2010  •  Nigeria

Coram
HON. JUSTTCE S. GALADIMA (OFR) JCA; HON. JUSTICE T. ABDULLAHI JCA; HON. JUSNCE E. EKO. JCA;

Judgement

TIJJANI ABDULLAHI J. C. A. (Delivering the leading judgment): This is an appeal against the decision of Federal High court 2, Port Harcourt Judicial Division presided over by A. O. Faji (Judge) dismissing the application of the Appellant for enforcement of her fundamental human right wherein the learned trial judge held as follows:

"The powers of the police under sections 214 and 216 of the constitution and sections 4 and 24 of the Police Act should not also be feterred by the court unless there is a good reason. It seems to me that any interference in the exercise of the powers must be clearly defined in the order authorizing same. The police cannot therefore be restrained from carrying out their functions for all time and for all subjects. That will be a blanket interference. such an order is vague and will definitely lead to confusion. Also having struck out prayer 1 which is the prayer for a declaration, there is nothing for the 2nd prayer, which seeks an injunction to stand on. T…

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