Judgment
FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): The instant appeal emanated from the judgment of the Federal High Court, in the Federal Judicial Division holden at Lagos in SUIT NOS: FHC/L/CS/421/2016 BETWEEN DAHIRU BWALA …. APPLICANT AND (1) NATIONAL DRUG LAW ENFORCEMENT AGENCY (NDLEA) (2) ISA UMARU ADORO (3) ZIRANGEY SUNDAY DIRANBI delivered on 5th April 2017. The case of the Respondent who was a Senior Officer in the service of the National Drug Law Enforcement Agency (the 1st Appellant) is that he was arrested and wrongfully detained in the cell of the Appellant.
He brought an application before the lower Court to enforce his fundamental rights. After hearing all the parties, the lower Court in a considered judgment contained at pages 391 to 407 of the Record particularly at pages 406 to 407 thereof found in favour of the Applicant (instant Respondent) and held as follows: “It is therefore my findings and I so declare that the Respondents violated the Fundamental Rights of the Applicant and he is entitled to damages that would redress the pain and infringement of his personal liberty without legal justification by the Respondents.
In the circumstances, I hereby make the following orders: 1) An order is made that the arrest and detention of the Applicant for 102 days from 22nd and 7th of March, 2016 to 31st of March, 2016 without an order of a competent Court is unlawful, illegal and unconstitutional and a breach of the Applicant’s right to dignity of human person, personal liberty and freedom of movement as guaranteed by the provisions of Sections 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2) An order is made compelling the Respondents jointly and severally to pay the Applicant the sum of N7 Million (Seven Million Naira) as damages for the wrongful acts of the Respondents violating the Applicant’s fundamental rights. 3) An order for the payment of interest on the said judgment sum awarded in favour of the Applicant at the rate of 21% per annum until the Judgment sum is paid.” The Appellants who are dissatisfied with the judgment filed a Notice of Appeal containing nine (9) grounds of appeal on the 28th of June, 2017.
