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ALHAJI ALIYU N. SALIHU v. SULEIMAN UMAR GANA & ORS

(2014) JELR 36626 (CA)

Court of Appeal  •  CA/K/309/2012  •  28 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A.: (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Kaduna State in Suit No. KDH/KAD/493M/07 delivered by Honorable Justice AbdulKadir A Othman on the 29th of November, 2011. The Appellant commenced an action in the Lower Court under the Fundamental Right (Enforcement Procedure Rules and he prayed for:

i. A declaration that the arrest and detention of the Applicant on two occasions by the tenth and eleventh Respondents on the instigation of the first to the ninth Respondents on the 8th of November 2007 from 4.00pm to 8.00pm and 17th of November 2007 from 3.00pm to 7.30pm without any lawful justification is a violation of the Applicant's fundamental rights to dignity of his human person under section 35 of the Constitution of the Federal Republic of Nigeria, 1999.

ii. A declaration that the incessant disruption of the Road Transport Employees Association of Nigeria (RTEAN) by the first to the ninth Respondent…

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