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MR. OLUROTIMI RHODES & ANOR V. INSPECTOR GENERAL OF POLICE & ORS

(2018) JELR 39386 (CA)

Court of Appeal  •  CA/L/624/2015  •  26 Jan 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA;

Appearances
Mr. K. Oduah with him, Mr. J.Elofuke For Appellant 1st - 4th Respondents not represented5th Respondent not represented. For Respondent

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Lagos State (the Court below) dismissing the appellants' action for the enforcement of fundamental right to personal liberty and/or freedom of movement and right to human dignity.

A resume of the facts behind the case was that upon disputed ownership of a plot of land at Green Park Scheme Abijo in Ibeju Local Government Area of Lagos State, the 5th respondent filed an action for ownership of the portion of land against the appellants, at the High Court of Lagos State. The 5th respondent then proceeded to petition the 1st - 4th respondents to arrest and prosecute the appellants for allegedly demolishing the fence he had purportedly erected by the 5th respondent enclosing the disputed portion of land. The 1st appellant was made to appear before the 1st - 4th respondents where his allegedly coerced statement was taken on two separate occasions (18.11.2013 and 28.01.2014) …

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