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OGUNLEYE & ORS V. OLASEHINDE

(2021) JELR 108916 (CA)

Court of Appeal  •  CA/EK/32C/2020  •  29 Sep 2021  •  Nigeria

Coram
JUSTICE THERESA NGOLIKA ORJI-ABADUA, PRESIDING JUSTICE, COURT OF APPEAL JUSTICE IBRAHIM ALI ANDENYANGTSO, JUSTICE, COURT OF APPEAL. JUSTICE BILKISU BELLO ALIYU, JUSTICE, COURT OF APPEAL.

Appearances
F. D. Falade, Esq., SP, O/C Legal (Ekiti State Police Command) for the appellant; Oluwayomi Ojo, Esq. for the respondent.

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the leading judgment): The Respondent herein via an Originating Motion, commenced a Fundamental Right proceedings against the Appellants in consonance with the provisions of Order II of the Fundamental Rights (Enforcement Procedure) Rules 2009 and sections 34, 35, 36 and 46 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in the High Court of Ekiti State in suit No. HCR/131m/2018. He prayed the Court for the following reliefs:

“1. A declaration that the detention of the Applicant by the 1st and 2nd Respondents between the 31st day of October, 2018 and 2nd November, 2018 without any just cause is contrary to sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) thereby rendering same unlawful, oppressive and barbaric.

2. An Order directing the 1st and 2nd Respondents jointly and severally to pay the sum of Ten Million Naira (N10,000,000.00) damages to the Applicant …

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