Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Federal Capital Territory Abuja Division, Coram: Bello Kawu J, in Suit No. FCT/HC/CV/1609/2018: Chukwudi Ngeme.V. Inspector General Of Police & 5 Ors delivered on 30/4/2019, in which the claims of the Appellant as Applicant against the Respondents were dismissed. The Appellant was dissatisfied with the said decision and has appealed against it vide his Notice of Appeal filed on 6/5/2019 on two Grounds of appeal. See pages 98 -101 of the Record of Appeal.
The Record of Appeal was compiled and transmitted to this Court on 6/3/2020 and properly deemed on 6/7/2021. With the leave of this Court, an Amended Notice of Appeal was filed on 9/3/2020 on three Grounds of appeal but was deemed as properly filed on 6/7/2021. The Parties filed and exchange their briefs, which were duly adopted as their arguments at the hearing of this appeal on 28/9/2022. The Appellant was represented by M. K. Bielonwu Esq. appearing with U. L. Agada Esq. The 1st – 4th Respondents were represented by Chinyere Moneme Esq.
The 5th Respondent, though he filed his brief, was not represented by counsel at the hearing of the appeal. The Appellant commenced Suit No: FCT/HC/CV/1609/2018 against the Respondents as Respondents before the High Court of the Federal Capital Territory, Abuja seeking the following Reliefs: 1. The prior, present and planned arrest and further detention, summons and harassment of the applicant by the Respondents and their agents on an alleged indebtedness of the Applicant to one Mr. Emeke Ugwu of Kubwa Abuja is unlawful, unconstitutional null and void ab initio. 2.
The respondents by themselves agents or servants be restrained from further threatening and/or infringing on the fundamental rights of the applicant by threatening him with further arrest except in compliance with Section 35(1), 36 (8 and 12,) 37 and 44 of the Constitution of the Federal Republic of Nigeria 1999, as amended. 3.
That unless the leave of this Honourable Court or any other Court of competent jurisdiction is first sought and obtained the 1st, 2nd, 3rd and 4th Respondents either personally or via any of its agents or officers be restrained from further arresting, detaining and harassing the applicant. 4. That the Respondent pay the sum of N10,000,000.00 (Ten Million Naira) only to the Applicant as compensation for the infringement on his fundamental rights.
