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LIVING MITIN v. COMMISSIONER OF POLICE, BAYELSA STATE & ORS

(2017) JELR 37701 (CA)

Court of Appeal  •  CA/PH/454/2015  •  5 May 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSAINI, J.C.A.(Delivering the Leading Judgment): This appeal arose from the Ruling delivered at the High Court of Bayelsa State on the 16th October, 2015 in Suit No. YHC/69/2015 refusing the application for enforcement of Fundamental rights of the Appellant herein.

The Appellant had sought to enforce his Fundamental rights to personal liberty in terms of the reliefs contained in his application dated the 21st July, 2015 and filed at the registry of the High Court of Bayelsa State, Yenagoa on the 23rd July, 2015. In it the Applicant now Appellant prayed for:

(a) A DECLARATION that the arrest, torture and detention of the Applicant on the 19/06/2015 by the police officers under the command of the 1st and 2nd Respondents at the instance of the 3rd& 4th Respondents is illegal, unlawful, unconstitutional and a breach of the applicants Fundamental right to personal liberty as guaranteed under the provision of Chapter IV of the Constitution of the Federal Republic of Nigeria, …

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