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BARR. SA'AD ABDULRAHEEM AKANBI & ORS v. COMMISSIONER OF POLICE, KWARA STATE & ORS

(2018) LPELR-44049(CA)

In The Court of Appeal of Nigeria

On Friday, the 6th day of April, 2018

CA/IL/26/2017


Before Their Lordships

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria


Between

1. BARR. SA'AD ABDULRAHEEM AKANBI
2. ALHAJI SALIU ALAO
3. MALLAM OLA SULEIMAN ELEYIN
4. MALLAM ALFA SAKA ELEYIN - Appellant(s)

AND

1. COMM. OF POLICE, KWARA STATE
2. A.S.P. ADEKUNLE IWALAYE O/C Legal
3. SUPOL JIMOH KAREEM
4. AWWAU ABDULRAHEEM ALAO
5. MALLAM DAUDA ELEYIN
6. MALLAM GANIYU YAHAYA
7. MALLAM YAHAYA BASHIRU
8. BARR. S.A. ABUBAKAR - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Enforcement of Fundamental Human Rights.
FACTS:
This is an appeal against the decision of Hon. Justice N. I. Afolabi sitting at the Federal High Court, Ilorin Division.

The Appellants were invited by the Police based on a petition (Exhibit MOJ 1) wherein the 4th - 7th Respondents alleged, amongst other things, Criminal breach of trust and impersonation. The Appellants made statements to the Police and were granted bail pending the conclusion of Police investigation. The Appellants complained that they were unlawfully detained for about 8 hours on Friday, 10th June, 2016.

The 1st - 3rd Respondents denied the allegation of unlawful arrest, detention and torture against the Appellants and that they were granted bail to their sureties which included senior lawyers on the same day they were invited free of charge. The Appellants filed an Originating Motion on 20-06-2016 for the enforcement of their fundamental Rights pursuant to Section 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). They prayed for the following orders:
1. Declaration that the ARREST of the 1st applicant in his office at New Yidi Road, Ilorin by 1st - 3rd Respondents, their agents, servants, Officers and Privies is a gross violation of the 1st Applicant's right to personal liberty provided for under Section 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
2. Declaration that the ARREST of 2nd - 4th Applicants by the 1st - 3rd Respondents, their Agents, Servants, Officers and Privies is a gross violation of personal liberty provided for under Section 35 of the Constitution of Federal Republic of Nigeria 1999 As amended.
3. Declaration that the DETENTION of the 1st - 4th Applicants by the Respondents, their Agents, Servants, Officers and Privies is a gross violation of 1st - 4th Applicants freedom of movement as provided under Section 41 of the Constitution of Federal Republic of Nigeria 1999 as amended.
4. Declaration that the HARASSMENT, MOLESTATION, INTIMIDATION AND THREAT of the 1st - 4th Applicants by the Respondents, their Agents, Servants, Officers and Privies is a gross violation of 1st - 4th Applicants right to life and dignity of human persons as guaranteed under Sections 33 & 34 of the Constitution of the Federal Republic of Nigeria 2011 as amended.
5. Declaration that the ARREST, DETENTION, ASSAULT, HARASSMENT AND TORTURE of the 1st - 4th Applicants by Respondents, their Agents, Servants, Officers and Privies is a gross violation of 1st - 4th Applicants right to dignity of human persons as guaranteed under Sections 33, 34 & 41 of the Constitution of Federal Republic of Nigeria 2011 as amended.
6. AN ORDER commanding the 1st - 8th Respondents jointly and severally to pay the 1st - 4th Applicants the sum of N30, 000,000:00 (Thirty Million Naira) only being exemplary and aggravated damages for unlawful arrest, detention, torture and degrading treatment of 1st - 4th Applicants by the Respondents in violation of 1st - 4th Applicants Fundamental Rights.
7. A PERPETUAL INJUNCTION restraining the Respondents by themselves, Agents, Servants, Officers, Privies and or any other persons from howsoever molesting, harassing, threatening, arresting and detaining the Applicants in any manner infringing on the Fundamental Rights of the Applicants.

???The parties filed Affidavits, Counter-Affidavits and Written Addresses. On 07/12/2016, the learned trial Judge delivered his Judgment, dismissing the application of the appellants. Dissatisfied, the appellants appealed to the Court of Appeal.

ISSUES:
The following single issue was determined in the appeal:
"Whether the Judgment of the learned trial Judge can be supported by the admitted facts of the Appellants by the Respondents."

DECISION/HELD:
In conclusion, the Court of Appeal dismissed the appeal for lacking in merit.


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