Judgment
OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision in the ruling of the High Court of Jigawa State, sitting in Birnin Kudu per A.Y. Suleiman, J. (hereinafter referred to as “the trial Court”) in Suit No. JDU/FHR/05/2019, delivered on the 14th of November, 2019.
The Appellants herein were Applicants before the trial Court where on the 27th of September, 2019, they filed against the Respondents an application for the enforcement of their Fundamental Rights under the Fundamental Rights (Enforcement Procedure) Rules, 2009 seeking the following reliefs: “1.
A DECLARATION that the Invitation, Arrest, Detention, Intimidation, Threat, Harassment of the Applicants by the 1st and 2nd Respondents acting on the complaint by the 3rd Respondent which arose from a civil transaction which completely took place in Gwaram l.G.A., Jigawa State is unconstitutional, unlawful and ultra vires which constitutes violations of the Applicants Fundamental Human Rights; Right to Life, Right to Dignity of Human Person, Right to Personal Liberty, Right to Fair Hearing and Right to Freedom of Movement, as guaranteed by Sections 33, 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended). 2.
AN ORDER of perpetual injunction restraining the 1st, 2nd and 3rd Respondents either by themselves, agent, privies or associates from further; inviting, arresting, handcuffing, intimidating, harassing, detaining and threatening, the Applicants and/or their sureties over the civil transaction entered between the Applicants and the 3rd Respondent. 3.
AND ORDER of this Honourable Court directing the 1st, 2nd and 3rd Respondents either by themselves, agents, privies or associates to forthwith withdraw from having any further dealings in respect of the civil transaction entered between the Applicants and the 3rd Respondent. 4.
AN ORDER of this Honourable Court directing the Respondents to pay to the Applicants jointly and severally a total sum of N5,000,000:00 (Five Million Naira) only as damages for breach of their Fundamental Rights; Right to Life, Right to Dignity of Human Person, Right to Personal Liberty, Right to Fair Hearing and Right to Freedom of Movement, as guaranteed by Sections 33, 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999, (as Amended).” The grounds upon which the foregoing reliefs were sought are reproduced verbatim as follows: “1.
