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MRS. UZO GRACE EBIGBO V. COMMISSIONER OF POLICE, IMO STATE & ORS

(2020) JELR 87093 (CA)

Court of Appeal  •  CA/OW/33/2015  •  13 Mar 2020  •  Nigeria

Coram
ITA GEORGE MBABA, JCA RAPHAEL CHIKWE AGBO, JCA AYOBODE OLUJIMI LOKULO-SODIPE, JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Imo State High Court in Suit No. HOW/541/2014, delivered by Hon. Justice L.C. Azuamaon 12/9/2014, in an application for enforcement of fundamental rights, wherein the trial Court held in favour of the Applicants (the 2nd set of Respondents herein). On page 81 of the Records of Appeal, the learned trial Court held:

"I hold that the Applicants sufficiently made out a case of likelihood of infraction to their fundamental Right, where upon I hold that this application succeeds as prayed, with cost of ₦10,000.00 against 1st Respondent."

At the Court below, the Applicants (2nd set of Respondents herein) had sought the following reliefs against the Respondents (now Appellant and the 1st set of the Respondents):

a) An order of the Honourable Court restraining the 2nd to 6th Respondents, officers, men and operatives of their respective Commands from arresting, harassing or detaining the Appli…

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