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CHRISTIAN EMERE v. CHIEF AMBROSE ANACHUNA & ORS

(2018) LPELR-45065(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/34/2012


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria

JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria


Between

CHRISTIAN EMERE - Appellant(s)

AND

1. CHIEF AMBROSE
ANACHUNA
2. INSPECTOR GENERAL OF POLICE
3. THE COMMISSIONER OF POLICE ANAMBRA STATE
4. JOHN NWAELE (AREA COMMANDER ONITSHA)
5. INSPECTOR OKWOR - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Tort of False Imprisonment and Malicious Prosecution.
FACTS:
The appeal is against the judgment of the High Court of Justice, Anambra State, delivered by Hon. Justice J.I. Nweze on 24/01/2011.

The Applicant now 1st Respondent at the trial Court by a motion on notice sought for the enforcement of his fundamental human rights to personal dignity, personal liberty, right to family life, freedom of movement as enshrined in Section 34,35, 37 and 41 of the 1999 Constitution of the Federal Republic of Nigeria without any interference, hindrance, or infringement of the aforementioned fundamental rights of the Applicant by the Respondents.

The Appellant and the 2nd, 3rd, 4th and 5th were found liable for the infringement of the Applicant's rights to personal liberty and dignity of his human person. The 5th Respondent at the trial Court was exonerated from liability in respect of the Applicant's claim. The learned trial Judge awarded compensation and costs in favour of the Applicant and against the Respondents (apart from the 5th Respondent) jointly and severally.

Dissatisfied with the decision of the trial Court, the Appellant brought this appeal.

ISSUES:
The Court determined the appeal on a sole issue as follows:
Whether the trial Court properly evaluated the evidence and came to a correct decision when it held that the Appellant instigated the breach of the fundamental rights of the 1st Respondents by the 2nd, 3rd, 4th and 5th Respondents.

DECISION/HELD:
In the final analysis, the Court held that the appeal lacked merit and it was accordingly dismissed. Consequently, the decision of the trial Court was affirmed.


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