Living Mitin V. Commissioner Of Police, Bayelsa State & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSAINI, J.C.A.(Delivering the Leading Judgment)

This appeal arose from the Ruling delivered at the High Court of Bayelsa State on the 16th October, 2015 in Suit No. YHC/69/2015 refusing the application for enforcement of Fundamental rights of the Appellant herein.

The Appellant had sought to enforce his Fundamental rights to personal liberty in terms of the reliefs contained in his application dated the 21st July, 2015 and filed at the registry of the High Court of Bayelsa State, Yenagoa on the 23rd July, 2015. In it the Applicant now Appellant prayed for:

(a) A DECLARATION that the arrest, torture and detention of the Applicant on the 19/06/2015 by the police officers under the command of the 1st & 2nd Respondents at the instance of the 3rd& 4th Respondents is illegal, unlawful, unconstitutional and a breach of the applicant?s Fundamental right to personal liberty as guaranteed under the provision of Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

(b) A DECLARATION that the seizure of the Applicant?s vehicle on the 19/06/2015 by the police officers under

1

the command of the 1st& 2ndRespondents constitutes a violation of the applicant?s rights guaranteed by Section 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 6, 9 & 14 of the African Charter on Human & Peoples? Right, and it is therefore unconstitutional and illegal.

(c) The sum of N100, 000, 000. 00 (One Hundred Million Naira) only been exemplary and aggravated damages for infringement of the applicant?s Fundamental rights to personal liberty, freedom of movement and dignity.

(d) The sum of N100, 000, 000. 00 (One Million Naira) only been compensation damages.

(e) AN ORDER of public apology made jointly by the Respondents.

(f) AN ORDER that the above stated damages be paid within 21st days of the delivering of Judgment in this Suit.

(g) AND FOR SUCH FURTHER ORDER (S) as the Court may deem fit to make as the justice of the case may demand.

Those reliefs are predicated on the grounds set out in the Motion paper thus:

(a) The Applicant has Fundamental right to freedom of movement, personal liberty and dignity under Sections 34, 35 and 41 of the