MR. Adesina Akinbajo V. MR. Ismaila Olowolayemo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Ogun State High Court of Justice in Suit No. M/258/2013 delivered on the 11th of Feb. 2014 in favour of the 1st Respondent granting all the reliefs as prayed.

The 1st Respondent commenced this Suit via a motion on notice dated 12th November 2013 and filed same day seeking for the Enforcement of his Fundamental Human Rights claiming the following reliefs:

a. Declaration that the assault, harassment, arrest and detention of the Applicant in the 2nd to 4th Respondents? Custody and/or Police Cell at State Police Headquarters, Eleweeran, Abeokuta, Ogun State at the instance of the 1st Respondent without any trial between 1st October 2013 to 18th October 2013 is unlawful, unconstitutional and a flagrant violation of the Applicant?s fundamental right to liberty as guaranteed under Section 35 of 1999 Constitution.

b. Declaration that the continuous detention of the Applicant beyond reasonable time without any order of Court violates his fundamental right to personal liberty, human dignity and fair-hearing as enshrined and

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guaranteed under Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999.

c. An order of perpetual injunction restraining the Respondents jointly and severally whether by themselves, their agents or privies or otherwise howsoever from harassing, arresting, detaining and interfering with the personal liberty of the Applicant and impounding his fairly used Grey Colour 2007 INFINITY FX 35 SUV/4 Runner with chassis No. JNRAS08U77X101964 without lawful justification.

d. N5 million damages and a written public apology in a National Newspaper against the Respondents for the harassment, inconvenience, psychological trauma and unlawful detention suffered by the Applicant without any justification.

The application was supported by a sixty-four paragraph affidavit to which was attached 21 Exhibits. Also accompanying the application was a statement of grounds upon which the reliefs are sought as well as a written address in compliance with the Rules. 1st Respondent also filed a ten paragraph affidavit of urgency to his application. The following exhibits were attached to the application:

Exhibits A1 and A2 ? Copies of

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Applicant?s previous Bills of laden

Exhibit B ? Copy of Bill of laden of fairly used grey colour 2007 Infiniti FX 35 SUV/4 Runner with Chassis No. JNRASO81177X101964 referred to as Applicant?s Jeep.