Judgment
NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): 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 (7) Inspector General of Police.
On 5th October, 2004 the Court granted the ex-parte application and made the orders sought therein.
Pursuant to the grant of his application, the applicant filed a motion on notice on 11th October, 2004, claiming the following: – “(a) A declaration that the act of the respondents whereby they arrested and detained the applicant constituted infringement on the applicant’s fundamental right to his liberty and freedom of movement. (b) An order restraining 2nd to 7th respondents, either by themselves, their agents, servants etc., from further arrest and/or detention of the applicants. (c) A declaration that the transaction whereby the applicant transferred his interest in respect of Shop No. 145 at Park Line, New Market, Owerri, Imo State to the 1st respondent which led to the 1st respondent’s petition to the 2nd to 7th respondents which subsequently led to the arrest and detention of the applicant is purely a civil matter that has no criminal undertone. (d) A declaration that the
