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SUNDAY OKPETU V. COMMISSIONER OF POLICE, DELTA STATE ATTORNEY-GENERAL, DELTA STATE IZAKPAVENTURES AND CONSULTANT CO. LTD. CHIEF WILLIAM OYIVWIN DIVISIONAL POLICE OFFICE, B. DIVISION INSPECTOR OGEDEGBE

(2001) JELR 52723 (CA)

Court of Appeal  •  CA/B/36/99  •  14 Feb 2001  •  Nigeria

Coram
NIKI TOBI, JCA (Presided) BABA ALKALI BA’ABA, JCA (Read the Lead Judgment) SAKA ADEYEMI IBIYEYE, JCA

Judgement

BA’ABA, JCA (Delivering the Lead Judgment): This is an appeal against the Ruling of Onajite-Kuejubola, J. of the Delta State High Court, sitting at Warri, delivered on 4/11/98. The respondent, as plaintiff, commenced action against the appellants, as defendants, pursuant to chapter IV, section 32 of the 1979 Constitution of the Federal Republic of Nigeria, for the enforcement of his fundamental rights, before the Delta State High Court, sitting at Warri, Judicial Division. It was the case of the respondent, one Sunday Okpetu, a sixteen-year old student in JSS III of Dore Numa Secondary School, Warri, that the 1st appellant through its agent, the 2nd appellant, caused the 1st defendant through its servants and/or agents to unlawfully arrest and detain the respondent. As a result, the appellants without any just cause caused the unlawful arrest and detention of the respondent at the “A” Division Police Station, Warri, by the lst defendant on 9/1/97. The respondent was later moved to t…

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