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MR. MATTHIAS NNORUGA & ORS v. DR. AKINBOWALE R. ENIOWO & ORS

(2015) JELR 36729 (CA)

Court of Appeal  •  CA/AK/179/13  •  27 Jan 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMB-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, sitting at Akure delivered on the 3rd of July 2013. The Appellants were the Applicants in that court while the Respondents were the Respondents.

Appellants in an amended Notice of Application at the Lower Court prayed for the following reliefs:

(a) A DECLARATION that the threat of arrest, subsequent arrest and detention of the applicants by the 2nd respondent (purportedly acting for the 5th and 6th respondents) on the false complaint of threat to life and fraud given by the 1st respondent, is unlawful and constitutes a breach, of the Fundamental Rights of the applicants as enshrined in sections 34, 35 and 41 of the Nigerian 1999 constitution as amended and Articles 4, 5, 6 and 12 of the African Charter on Human And People's Rights.

(b) A DECLARATION that the invasion of the residence of the 1st and 2nd applicants by the the (sic) 3rd and 4th respondents as i…

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