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MR. BONIFACE OBIUKWU & ANOR v. MRS. ESTHER OKWUDIRE & ORS

(2018) LPELR-45066(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 25th day of July, 2018

CA/OW/43/2014


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

1. MR. BONIFACE OBIUKWU
2. MRS. EBERE OBIUKWU - Appellant(s)

AND

1. MRS. ESTHER OKWUDIRE
2. THE D.P.O. NIGERIA POLICE MGBIDI CSP CYLONG EBIMORE
3. THE COMMISSIONER OF POLICE, IMO STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Enforcement of Fundamental Human Rights.
FACTS:
This appeal is against the judgment delivered on 27/11/2013 by the High Court of Imo State presided over by Hon. Justice K.A. Ojiako.
The action in which the High Court delivered the judgment appealed against was instituted by the 1st Respondent against the Appellants and the 2nd and 3rd Respondents respectively, under the Fundamental Rights Enforcement (Procedure) Rules, 2009 (hereafter to be simply referred to as "FREP Rules). In the statement pursuant to Order II Rule 3 of the said Rules, the 1st Respondent who initiated the case sought the following reliefs: 
???"(1) A declaration that the arrest and detention of the applicant from the 19th day of March, 2013 to the 21st of March, 2013 by the 3rd Respondent on the complaint of the 1st and 2nd respondents was unconstitutional, unlawful, illegal, and an infringement on the fundamental rights of the applicant as enshrined under Sections 34(1)(a), 35(1) and 41, of the 1999 Constitution of the Federal Republic of Nigeria. 
(2) An order of this Honourable Court directing the respondents to pay N10,000.00 (sic) (Ten Million Naira) compensation to the applicant for her unlawful arrest and detention in terms of the reliefs sought in the statement accompanying the affidavit in support of the application.
(3) A declaration of the Honourable Court that the amount of Fifteen Thousand Naira (N15,000.00) forcibly collected by the third respondent from the applicant as money for bail is illegal and should be returned to the applicant."
???Forty-four (44) "grounds upon which the reliefs are sought" were set out in the said Statement. The High Court in its judgment duly set out the reliefs sought by the Respondent and also reviewed the processes (i.e. affidavits and written addresses) upon which the parties that bothered to put up appearances, contested the case. Having also identified the facts in respect of which the said parties were ad idem, and also setting out the pertinent issues (sic) that called for determination in the action, the Court proceeded to find in favour of the Respondent.
Being aggrieved with the judgment of the High Court, the Appellants appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:
"Whether or not the lower Court having regard to the totality of the evidence before it, was wrong in finding the Appellants and 2nd Respondent to have violated the fundamental rights of the Respondent?"

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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