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ANIEKAN AMOS PETER v. ASST. INSPT. GEN. OF POLICE ZONE 6 CALABAR

(2001) JELR 44249 (CA)

Court of Appeal  •  CA/C/29/99  •  20 Feb 2001  •  Nigeria

Coram
DENNIS ONYEJIFE JCA; OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA;

Judgement

OPENE, J.C.A. (Delivering the Leading Judgment): The facts resulting to this case are that on 8/2/97 the appellant's Volkwagen Beetle Car No. AG 195 Cal Model 1500 was impounded by some agents of the respondents while being driven along Marian Road Calabar by one Innocent Friday Udo. The car taken to the premises of the Nigerian Police Force, Zone 6, Headquarters by the agents of the Police, who later refused to release the said Volkwagen car to him. It was as a result of this that the appellant filed an action in the Federal High Court Holden at Calabar pursuant to section 40(1) of the 1979 Constitution of Federal Republic of Nigeria and Order 1 rule 2(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979 seeking the following reliefs:-

1. A declaration that the respondent by impounding and thereafter detaining at the Nigeria Police Force, Zone 6 Headquarters, Calabar Cross River State for no reason(s) whatsoever the appellant's Volkwagen Model 1500 with registration Ag 1…

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