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ALPHONSUS OBINWA V. COMMISSIONER OF POLICE & ORS.

(2006) JELR 38232 (CA)

Court of Appeal  •  CA/C/38/2002  •  30 Nov 2006  •  Nigeria

Coram
SAKAADEYEMI IBIYEYE JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED A. OWOADE JCA; JCA;

Judgement

OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of R. I. E. Odu, J. sitting at the Calabar High Court delivered on 20th July, 2000 in suit No. C/MSC/292/96. The applicant/appellant brought the action before the lower court under the Fundamental Human Rights Enforcement Procedure Rules 1979. By this, the applicant/appellant sought leave of the lower Court to enforce his right to personal liberty under section 32 of the 1979 Constitution (now section 34 of the 1999 Constitution).

In his application for leave, the applicant also sought interim orders against the 1st-3rd respondents to desist from further harassing or arresting him and to further detain his vehicle which was the subject matter of the transaction which led to the action. The reliefs sought by the applicant before the lower Court in the statement filed in support of the application were as follows:

"a) Declaration that the detention of the applicant by the 1st, 2nd and 3rd respondents …

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