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SKYE BANK PLC v. EMERSON NJOKU & ORS

(2016) JELR 36959 (CA)

Court of Appeal  •  CA/OW/163/2013  •  10 May 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA IGNATIUS IGWE AGUBE JCA ITA GEORGE MBABA JCA

Judgement


ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Abia State High Court, in Suit No. HOB/11M/2010, delivered by Hon. Justice S.F. Ananaba on 12/3/2012, wherein the Learned Trial Judge entered judgment for Applicant (Respondent herein) for the violation of his fundamental rights and awarded ₦1,000,000.00 (One Million Naira) only, to him as damages therefor, and ₦20,000.00 (Twenty Thousand Naira) only as cost of the action.

The 1st Respondent (as Applicant) on 26/1/2010 had filed application for enforcement of his fundamental rights pursuant to Order 11 Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009. He sought the following reliefs:

(i) A declaration that the 1st Respondent has no right in law to use the Police, that is to say, the 2nd, 3rd, 4th or 5th Respondents and or their agents and operatives to hound, chase around, harasss, seek to arrest, detain and humiliate dehumanise and oppress the Applicant in a …

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