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NCS BOARD V. SUNDAY

(2022) JELR 109141 (CA)

Court of Appeal  •  CA/IB/345/2020  •  6 Jan 2022  •  Nigeria

Coram
Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Abba Bello Mohammed, JCA

Appearances
Abubakar Musa, Esq. For the Appellant; O. E. Ogungbeje, Esq. For the Respondent.

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): This appeal is related to APPEAL NO. CA/IB/344/2020, the judgment of which was delivered this morning. The facts on which the cause of action in both matters were ventilated are the same. Indeed, the lower Court in its judgment in this matter adopted the judgment it gave in the said related matter. The Respondent herein was the Applicant at the Federal High Court, Abeokuta Division in an application for the enforcement of fundamental rights. The facts of the matter as presented by the Respondent in the processes filed at the lower Court disclose that on or about the 25th day of January 2019, the officers of the Appellants herein, Respondents at the lower Court, carried out an anti-smuggling operation at the Owode Area of Ogun State. In the course of the operation, the officers allegedly ransacked the shops of the traders in the area, including that of the Respondent’s deceased brother, Olabode Sunday, who was alleged …

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