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UDOJI NWADIOGBU & ORS V. ANAMBRA /IMO RIVER BASIN DEVELOPMENT AUTHORITY & ANOR

(2010) JELR 33693 (SC)

Supreme Court  •  SC.299/2006  •  3 Dec 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; BODE RHODES-VIVOUR JSC;

Judgement

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE (Delivering the Leading Judgment): On the 20/8/2002, the Appellants herein by a motion Exparte obtained the leave of the Federal High court, holden at Enugu to apply for the enforcement of their Fundamental rights to personal liberty and freedom of movement pursuant to the leave granted. The Appellants filed a motion on Notice in which they claimed against the Respondents as follows:-

"a. A DECLARATION that the arrest and the continued detention of the appellants by the Respondents and their servants, agents and privies at the Zone 9 the Headquarters cell Umuahia of the Nigeria police Force since 5.pm of Wednesday 24th July, 2002 till now is illegal, unlawful and unconstitutional, oppressive, intimidatory, persecutory, null and void and a gross violation of the Appellants Fundamental Rights to personal liberty and freedom of movement.

b. A DECLARATION that the Respondents' refusal to grant the Applicants bail over the trumped charge of conduct likeā€¦

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