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DAVIES NWARUNGWA v. FEDERAL ROAD SAFETY COMMISSION & ORS

(2017) JELR 37754 (CA)

Court of Appeal  •  CA/E/598/2013  •  31 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of D. V. Agishi (J) of the Federal High Court Enugu, delivered on the 18th day of June 2013.

FACTS

The Appellant had on the 22nd December 2011 embarked on a journey to Aba, when at the 9th Mile corner Enugu State, they met with severe traffic jam. He was in company of his driver, his wife and children aged seven (7) five (5) and Three (3) years respectively.

They were however arrested by offices of the Federal Road Safety Corps (FRSC) 9th mile base, because his driver drove recklessly. His vehicle was impounded, together with the keys and particular to it. The drivers licence was also impounded.

The Appellant and family were subjected to harsh treatment meted on them by the 1st - 4th Respondents.

The gravamen of the Appellants case at the lower Court, was whether there has been an infringement of his fundamental rights.

The Appellant had alleged that apart from the fact that his vehicle, it…

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