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MR. JONAS NWOKOMA & ORS V. INSPECTOR MATHEW IWUOHA & ORS

(2018) JELR 41177 (CA)

Court of Appeal  •  CA/OW/261/2013  •  30 May 2018  •  Nigeria

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

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants by their petition instigated the arrest by the police and detention of the 1st to 3rd Respondents. The Respondents by their process pursuant to the Fundamental Rights Enforcement Rules sought several declaratory orders, orders for damages against the appellants and a specific order of written apology against the appellants. The trial Court obliged the 2nd set of Respondents by ordering the appellants to pay N50,000.00 each to the 2nd set of Respondents and to tender written apology to the 2nd set of Respondents within 14 days. There was evidence that the police dehumanized the 2nd set of Respondents in custody. But it cannot be said that it was established that the police disgraced their uniform and dehumanized the 2nd set of Respondents on the instruction of the appellants.

The determination of the position of the appellants that their lives were threatened upon which they petitioned the police is knowledge …

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