Judgment
BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment) : This appeal is from the decision of the High Court of Justice of Kano State of 18/06/2019 dismissing the application of appellants against Respondents for enforcement of their fundamental rights to liberty. Appellants as applicants in their said application sought: 1.
A declaration that the arrest and detention of the 2nd applicant by the 2nd respondent on the 24th July 2018 at around 6.20am till 25th July, 2018 and in the general circumstances of this case is arbitrary, illegal, unconstitutional and gross violation of the 2nd applicant’s fundamental rights guaranteed under Sections 34, 35, 36, 37 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011. 2.
A declaration that the entry or invasion into the residential house of the respondent (sic) by the 2nd respondent’s operatives under the instruction and instigation of the 1st respondent around 6.20am on the 24th July, 2018 and in the general circumstances of this case is arbitrary, illegal, unconstitutional and gross violation of the 2nd respondent’s (sic) fundamental rights guaranteed under Sections 34 and 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011. 3.
A declaration that the 2nd respondent base on the circumstances of this suit are not constituted as debt recovery agency and have no power whatsoever to demand, request or by whatever manner require the payment or refund or recovery of the Max Advance Credit facility the subject matter of the transaction between the 1st respondent and or any money whatsoever between the 1st Respondent and or any money whatsoever from the 1st applicant. 4.
A declaration that the invitation, threat of arrest, arrest and detention of the applicant in the general circumstances of this suit by the 1st respondent on the instruction and instigation of the 4th (sic) Respondent with the sole aim of recovering the investment sum subject matter of the transaction between the 1st respondent and 1st applicant is contrary to the provisions of Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and it therefore constituted gross violation of the applicant’s fundamental right to liberty guaranteed thereof.
