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ZAKARI & ANOR V. C.O.P OF KANO STATE & ORS

(2022) JELR 110684 (CA)

Court of Appeal  •  CA/K/203/2015  •  4 Jul 2022  •  Nigeria

Coram
Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Usman Alhaji Musale JCA

Appearances
BELLO IBRAHIM, ESQ. for the Appellants; BASHIR SALE, ESQ. (DDSD KANO MOJ) for the 1st, 3rd - 5th Respondents.

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this appeal against the decision of Kano State High Court in Suit No. K/M568/2014, delivered on 27th March, 2015 wherein the trial Judge, Hon. Justice A.T. Badamasi, dismissed the Application for the enforcement of Appellants' fundamental rights to fair hearing and personal liberty, relating to the transfer of their case from the 3rd Respondent to the 4th Respondent. 

At the lower Court, Appellants, as Applicants in a claim for the enforcement of their fundamental rights, pursuant to Sections 35, 36(6) and 46 of the Constitution of the Federal Republic of Nigeria, 1999 and Order IV Rule (3) (4) of the Fundamental Rights (Enforcement Procedure) Rules, 2009, and the inherent powers of the Court, had sought the following reliefs: 

(1) An Order enforcing the Applicants’ fundamental rights to personal liberty and fair hearing in a criminal trial commenced by the Commissioner of Police, Kano State (the 1st Respondent…

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