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THE HON. MINISTER OF DEFENCE & ORS v. MRS. ETTA BASSEY EPHRAIM

(2014) JELR 36249 (CA)

Court of Appeal  •  CA/C/109/2011  •  6 Nov 2014  •  Nigeria

Coram
ONYEKACHI A. OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH JUDE JELLA JCA;

Judgement

PAUL OBI ELECHI, JCA (Delivering the Leading Judgment): This is appeal against the Ruling of the Federal High Court, Calabar delivered on the 28th day of February, 2011. The Respondent at the lower Court had brought an action under the Fundamental Rights (Enforcement Procedure) Rules 2009 and claimed the underlisted reliefs against the Appellant viz:

1) A declaration that the Applicant is entitled to her right to dignity of human person and personal liberty as enshrined in Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 and cannot be treated like an animal by the Respondents.

2) A declaration that the arrest and detention of the Applicant on the 27th of March, 2010 at the Eburutu barracks guardroom, among ten male inmates made up of lunatics, smokers of Indian hemp and other military criminals by the direct order of Lt Col. K.N. Garba amounts to false imprisonment, unlawful detention, inhuman and degrading treatment is unconstitutional, illegal and a fla…

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