Victor Anozie V. Inspector General Of Police & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

?SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of M. B. Idris J, of the Federal High Court, Lagos Division contained in the ruling of the Court dated the 2nd day of March, 2012 whereby the learned trial judge dismissed the Appellant’s motion on notice dated the 28th day of June, 2011 and refused to set aside his null judgment given without jurisdiction on the 13th day of October, 2010.

The fact which led to this appeal are as follows:

?The Appellant vide his motion ex parte dated the 11th day of May, 2009 and filed on 27th day of May, 2009 applied for the leave of the trial Honourable Court to enforce his Fundamental Human Rights. The motion Ex-parte was brought pursuant to Order 1 Rule 2 (1) (2) (3) (4) 6, Order 4 Rules 1(2) (3) (4) and (6) of the Fundamental Human Rights. (Enforcement Procedure) Rules 1979. His application for leave was accompanied with a statement stating the names addresses and description of the Applicants, the reliefs sought, and the grounds upon which the reliefs are being sought. A verifying affidavit of seven (7) paragraphs and exhibits was also filed

along with the motion ex-parte.

RELIEFS SOUGHT BY THE APPLICATION

I. A declaration that, the forceful, illegal, unlawful and uncivilized arrest without warrant, detention, humiliation and torture of the Applicant by the officers and men under the command of the 1st, 2nd and 3rd Respondents at the criminal and unwarranted mastermind and fiendish instigation of the 5th Respondent is a gross, violation uncivilized, brute, flagrant and unmitigated violation of the Applicants rights to dignity of human person, personal liberty, fair hearing and freedom of movement guaranteed and safeguarded under Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and under Articles 3, 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria.

II. A declaration that, the forceful, illegal and unwarranted arrest without warrant, torture and unlawful detention of the Applicant on the 25th day of July, 2008 and his subsequent detention to the 29th day of July 2008 by the men and officers under the command of the 1st and 2nd Respondents;

and his arrest, detention and continued harassment since the 7th day of March, 2008 by the men and officers under the command of the 3rd Respondent at the continued, selfish and unceasing instigation and promptings of the 5th Respondent without any formal charge against him amounts to a gross violent of the Appellant’s rights to fair hearing as guaranteed under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, and Articles 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federal Republic of Nigeria.

III. A declaration that, the commando, Gestapo style, forceful, illegal, unlawful and uncivilized arrest without warrant detention, humiliation and torture of the Applicant by the officers, operatives and men under the command of the 4th Respondent and his continued harassment and intimidation at the barbaric and uncouth mastermind and corrosive instigation of the 5th Respondent is a gross, violent, flagrant and unmitigated violation of the Applicants’ rights to dignity of human person, personal liberty, fair hearing and freedom of movement guaranteed and safeguarded under Sections 34,

35, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999 and under Articles 3, 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federal Republic of Nigeria 1999 and under Articles 3, 4, 5, 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federal Republic of Nigeria.

IV. A declaration that, the forceful and unwarranted arrest without warrant, torture, unlawful detention of the Applicant from the 24th day of April to the 29th day of April, 2009 and his continued and unabated harassment and intimidation by the men, operatives and officers under the 4th Respondent at the criminal masterminds and selfish instigation and promptings of the 5th Respondent without any formal charge against him amounts to a gross violation of the Applicant’s right to fair hearing and freedom of movement as guaranteed under Section 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federal

Republic of Nigeria.

V. A declaration that, the continued and unabated harassment, intimidation and threat of further unlawful and illegal detention of the Applicant by the men, operatives and officers of the 1st-4th Respondents, on an entirely commercial transaction between him and a Corporate Entity (FIRS Equity Securities Limited) under which the 5th Respondent is a Director, at the continued instigation of the 5th Respondent amounts to a gross violation of the Applicant’s right to personal liberty, fair hearing and freedom of movement as guaranteed under Section 34, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999 and under Articles 3, 7 and 12 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act, Laws of the Federal Republic of Nigeria.