Judgment
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment) : This appeal is against the judgment delivered on 5/3/2018, by the High Court of Imo State presided over by Hon. Justice T.N. Nzeukwu, (hereafter to be simply referred to as “the lower Court” and “the learned trial judge” respectively).
The suit before the lower Court was an application by the Appellant for the enforcement of his fundamental rights brought pursuant to Sections 34, 35, 41 and 46 of the 1999 Constitution of the Federal Republic of Nigeria as amended (hereafter to be simply referred to as “the amended 1999 Constitution”) and Order II Rules 1 & 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 (hereafter to be referred to as “the Fundamental Rights Rules”).
The application was brought against the following: (i) the Attorney-General of Imo State; (ii) Commissioner of Police, Imo State; and (iii) the Deputy Controller of Prisons, Nigerian Prison Service, Imo State). The reliefs sought by the Appellant in the said application as set out in the motion dated 20/6/2017 and filed on 23/6/2017 contained on pages 1-3 of the record of appeal (hereafter to be referred to as “the record”) are as follows: – “i.
A DECLARATION that the arrest and continued detention of the Applicant without justification whatsoever by the Respondents from January 21, 2011 till date is wrongful, unlawful and violates the Applicants’ (sic) fundamental right to the dignity of the human person, right to personal liberty, right to freedom of movement, right from unlawful arrest and prosecution as guaranteed under the provisions of Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria and African Charter on Human and People’s Rights (Ratification and Enforcement) Act (CAP A9) LFN 2004. ii.
AN ORDER of Court releasing forthwith the applicant without conditions from prison custody. iii. AN ORDER for the sum of N1,000,000.00 (ONE Million Naira) only as general damages against the Respondents jointly and severally for the unlawful detention of the Applicant from January, 2011 till date. iv. And for such other order od further orders as this Honourable Court may deem fit to make in the circumstance.” The record shows that only the 1st Respondent before the lower Court is now the sole Respondent in the instant appeal.
