Fort Royal Homes Ltd & Anor V. Efcc & Anor (2021)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja Division or Court below or lower Court, Coram: A. Aboki, T.E.A. Agim JCA (as they then were) and M. Mustapha JCA, delivered on the 11th day of July, 2017 affirming the Ruling of the trial Court delivered on 16/01/2013.

BACKGROUND FACTS

By a motion on notice dated 19th day of September, 2012 and filed on the same day, the appellants brought an action against the respondents in the enforcement of their fundamental human rights seeking the following reliefs:

i. A DECLARATION that the arrest and detention of the applicant on the 18th day of September, 2012 for no reasonable ground is unlawful, illegal, unconstitutional and a gross violation of the Applicant’s fundamental rights to personal liberty by the Respondents.

ii. A DECLARATION that the denial of the applicant of the right to consult with his legal practitioner after his arrest on the 18th day of September, 2012 is unlawful, illegal, unconstitutional and a gross violation of the Applicant’s fundamental rights to personal liberty by the Respondents.

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iii. AN ORDER of this honourable Court restraining the 2nd Respondent from further arresting, detaining and/or threatening to arrest the 2nd Applicant in respect of the same or similar subject matter not being an offence known to any law in Nigeria criminal jurisprudence.

iv. AN ORDER of this honourable Court awarding against 2nd Respondent the sum of N50,000,000.00 (Fifty Million Naira) being compensation for the unlawful, illegal, unconstitutional and gross violation of the 2nd Applicant’s fundamental rights to personal liberty and dignity of human person at the instance of the Respondent.

v. AND for such further order(s) as this Honourable Court may deem fit to make in the circumstances of this case.

In support of the originating motion on notice are statement pursuant to Order 2 Rule 3 of the Fundamental Human Rights (Enforcement Procedure) Rules 2009, an Affidavit and a written address consistent with the provisions of the Fundamental Human Rights (Enforcement Procedure) Rules of 2009.

FACTS BRIEFLY STATED

By a motion on notice dated 19th September, 2012, the appellant brought an action against the respondents for enforcement of

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