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THE REGISTERED TRUSTEES OF THE MOTORS SPARE PARTS DEALERS ASSOCIATION OF NIG. & ORS V. MR. MAXWELL O. IKPO

(2008) JELR 33536 (CA)

Court of Appeal  •  CA/C/64/2006  •  10 Dec 2008  •  Nigeria

Coram
KUMA I BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The 1st Respondent on record filed Suit No. FHC/CA/C5/15/2005 at the Federal High Court, Calabar under the Fundamental Rights (Enforcement Procedure) Rules 1979 praying the court for the following orders:

1. A declaration that the arrest and detention of the Applicant by the 5th Respondent without any lawful justification is unconstitutional, illegal and therefore null and void and of no effect whatsoever, same being in violation of the Applicant's Fundamental Right to the dignity of the human person and personal liberty.

2. A declaration that the continuing arrest, intimidation and harassment of the Applicant by the Respondents on the basis of petition by the 1st - 4th Respondents is unconstitutional and therefore violates the Applicant's Fundamental Right as provided under Section 35(1) of the 1999 Constitution.

3. An order of injunction restraining the Respondents either by themselves, their servants, agents and or priv…

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