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MR. CHARLES OKECHUKWU & ANOR v. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) & ORS

(2014) JELR 36317 (CA)

Court of Appeal  •  CA/L/465/2010  •  5 Dec 2014  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; CHINWE EUGENIA IYIZOBA JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Shakarho J. of the Federal High sitting in Lagos in Suit No. FHC/L/CS/727/2007 delivered on the 18th day of March 2010 striking out the Appellants' application for enforcement of their Fundamental rights.

The Applicants (now Appellants) with leave of the Trial Court brought an application pursuant to Order 2 Rules 1, 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules, 1979, claiming the following reliefs against the Respondents:-

i. A Declaratory Order that the arrests and detention of the 1st Appellant at the 1st Respondent's office at 15(a) Awolowo Road, Ikoyi on the 12th, 13th and 17th of July,2007 on a mere allegation that the Applicants were owing the 2nd and 3rd Respondents the sum of US$162,000.00 is illegal, unlawful and unconstitutional.

ii. A Declaratory Order that the 1st Respondent is not a debt collector and is not empowered by the Act that established i…

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