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ALEXANDER MADIEBO & ORS V. GODWIN NWACHUKWU NWANKWO

(2001) JELR 44266 (CA)

Court of Appeal  •  CA/L/51/98  •  30 Apr 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLAADEREMI JCA;

Judgement

GALADIMA, J.C.A (Delivering the Leading Judgment): This is an interlocutory appeal, against the ruling of the High Court of Lagos in suit No. ID/57M/97, presided over by Adeyinka, J., delivered on the 5th day of December, 1997.

The facts of this case are rather straight forward. The respondent, an insurance executive was based in Lagos. The 1st-4th appellants, are his cousins. Following allegations made to the police, concerning the conduct of the respondent, he was arrested by the police on 26/1/97, in his office in Lagos, and detained at the Barracks Police Station, Surulere, Lagos. He was denied bail on the ground, that he committed an undisclosed offence at Awka, in Anambra State. However, he was later informed, that his arrest was as a result of complaint, brought by the appellant over land matter.

On his return to Lagos, the respondent brought ex-parte application and obtained the order of the lower court for leave, to apply for an order enforcing his fundamental rights. Followi…

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