Judgment
MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment) : The Appellant herein, appealed against the decision of the High Court of Katsina State in Suit No. KTH/FT/15M/2017 delivered on the 10th day of January, 2018 by Honorable Justice Lawal Garba Abdulkadir.
The facts of the case leading to this appeal as deduced from the record of appeal are to the effect that the case was commenced by a Motion on Notice for the enforcement of fundamental rights filed on the 28th day of November, 2016 wherein the 1st Respondent as Applicant in the Court below, sought for the following reliefs against the Appellants and the 2nd to 4th Respondents as follows: 1.
A DECLARATION that the executive action of the 5th and 6th Respondents in leading themselves to be used by the 1st – 4th Respondents in infringing the Fundamental Human Rights of the Applicant is illegal, oppressive, condemnable and contrary to the spirit and intents of the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 which guarantees the Fundamental Rights of the applicant. 2.
A DECLARATION that the acts and conducts of the 1st – 4th Respondents for beating the Applicant to the state of unconsciousness in the name of investigation is unconscionable, illegal, oppressive, condemnable and contrary to the spirit and intents of the provisions of the constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 which guarantees the Fundamental Rights of the applicant. 3.
A DECLARATION that the 5th – 6th Respondents whilst working upon the instruction of the 1st – 4th Respondents is ultra-vires their duties and power when they violated and infringed upon the Applicant’s Fundamental Human Rights to personal liberty, freedom of movement private and family life guaranteed by Section 34, 35, 36, 37, 41 and 46 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011 when they meddled and acted upon the investigation made by the 1st – 4th Respondent. 4.
AN ORDER directing the Respondents jointly and severally to pay the sum of One Million Naira (N1,000,000) only being the general damage to the Applicant for beaten the Applicant to the state of unconsciousness and unnecessary detention for about seven hours by the 1st to 4th Respondent and later detained for two days in the hands of the 5th and 6th Respondent illegally which is a violation and deprivation of the Applicant’s Right to personal liberty, Freedom of movement, private and family life, embarrassment.
