JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):This appeal is against the judgment delivered on 26th July, 2011 in the Federal High Court holden at Port Harcourt.
The action was commenced by the Respondent as Applicant by motion on notice brought pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Sections 36(1), (2) (a), (b) and 40(1) of the 1999 Constitution of the Federal Republic of Nigeria praying for the following:
(a) An order declaring that the Respondent violated the Applicant (sic) Fundamental Human Right (sic) as enshrined in Sections 36 (1), (2) (a), (b) and 40 of the Constitution of the Federal Republic of Nigeria, 1999 when the Respondent unlawfully detained the Applicant (sic) Navy Blue 190 Mercedes Benz Saloon car with Registration No. Rivers AE 461 ABU since 25th day of June, 2011 without any Court order.
(b) An order declaring that the Respondent has no right to detain the Applicant (sic) Navy Blue 190 Mercedes Benz…