Ihim V. Maduagwu & Anor (2021)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

This appeal is against the judgment delivered by the Owerri Division of the Court of Appeal in Appeal No. CA/PH/17/2009. The judgment was delivered on the 20th day of January, 2015.

In an ex-parte application filed on 4th October, 2004 pursuant to Fundamental Rights (Enforcement) Rules, 1979 the applicant, Mr. Cyril Maduagwu (now 1st respondent in the appeal) sought the following reliefs:

(a) An order granting leave to the applicant to apply for the enforcement of his fundamental right guaranteed by Sections 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999, viz right to personal liberty and right to freedom of movement.

(b) An order that the leave if so, granted in this application shall operate as a stay of all action or matter related thereto or connected herewith the compliant until the determination of the motion on notice.

(c) And for such further action(s) as the Honourable Court may deem fit to make in the circumstances”.

The claim was made against:

(1) Ifeanyi Ihim (the appellant herein)

(2) Sgt. Aina

​(3) Insp. Usman

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(4) ASP Okoro

(5) Commissioner of Police, Imo State

(6) AIG Zone 9, Umuahia