PIPELINES & PRODUCTS MARKETING COMPANY LIMITED V. ALHAJI ABDULFATAI AKINYEMI & ANOR

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Lead Ruling): This appeal is against the judgment of the Federal High Court, Benin, delivered on the 5th day of March 2013. The 1st Respondent came by way of motion on notice brought under the Fundamental Right Enforcement Procedure Rules 2009 seeking to enforce his Fundamental Rights under S. 44(1) of the 1999 Constitution claiming the following reliefs against the Attorney General of Edo State and the 2nd Respondent:

1. A declaration that the continued detention of the Applicants Mack truck with Registration No. XD 635 SGM with Chassis No: ST 32819 X loaded with 33,000 litres of Low Pure Fuel Oil (L.P.F.O known as black oil) from the NNPC, Kaduna Refinery depot since September, 2011 till date is a gross violation of the Applicants Fundamental Rights as guaranteed under Section 44(1) of the 1999 CFRN.

2. A declaration that the seizure of the Applicants metre ticket and Way Bill by officers of the Edo State Task Force under the pretext of conf…