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CHIEF R.T. OPUDA MR. SOLOMON OBENE MR. BENJAMIN DAVID V. COMMISSIONER OF POLICE, RIVERS STATE AREA COMMANDER, NIGERIA POLICE, RIVERS STATE INSPECTOR RUFUS AKPAN

(2009) JELR 56606 (CA)

Court of Appeal  •  CA/PH/304/2006  •  10 Dec 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided) EJEMBI EKO JCA

Appearances
S.A. Somiari Esq. - for the Appellants. -*- Respondents absent and unrepresented by counsel although duly served with hearing notice.

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Rivers State, Port Harcourt Judicial Division delivered on 30 May 2006, dismissing the appellants’ application for the enforcement of their fundamental rights. Their notice of appeal dated 12 June 2006, contains two grounds of appeal. In compliance with the rules of this court,the appellants’ brief ofargument dated27 October 2006, was filed on 30 October 2006. Although duly served with all the processes in this appeal, including the appellants’ brief of argument, the respondents did not file any process in this appeal and were not represented by counsel. On 4 May 2009, pursuant to the appellants’ motion on notice dated and filed on 25April 2007, this court ordered the appeal to be heard on the appellants’ brief alone, the respondents having failed or neglected to file theirbrief of argument. On the same day, pursuant to notice of withdrawal of appeal filed by the appellants da…

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