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THE CHIEF OF NAVAL STAFF V. LT. CDR STEPHEN OCHEPO EDEH

(2015) JELR 44077 (CA)

Court of Appeal  •  CA/L/253M/2012  •  6 Feb 2015  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Lagos Division delivered on 11th of November, 2011 awarding the 1st respondent a total sum of N3m only as exemplary and aggravated damages as well as some injunctive orders against the appellant.

The 1st respondent, as plaintiff, applied for his Fundamental Rights and claimed the following reliefs:

"1. A declaration that the arrest and continued detention of the applicant at the NNS Beercroft, Apapa, Lagos by the respondent on the 4th of August, 2011 constitutes a breach of the applicant's fundamental right to freedom of movement, liberty and dignity of human person prescribed in Section 41, 35 and 34 respectively of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 5, 6 and 12 of the African Charter on Human and People's Right Cap. A9, Laws of the Federation of Nigeria, 2004.

2. AN ORDER compelling the respondent to release the applic…

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