LEWIS OPARA VS DOWEL SCHLUMBERGER (NIGERIA) LIMITED & ANOR
June 6, 2025ENGINEER GOODNEWS AGBI VS CHIEF AUDU OGBEH & ORS
June 6, 2025Legalpedia Citation: (2006-05) Legalpedia 44662 (SC)
In the Supreme Court of Nigeria
Abuja
Fri May 26, 2006
Suit Number: SC.255/2001
CORAM
I. L. KUTIGI JUSTICE, SUPREME COURT
A. I. KATSINA-ALU JUSTICE, SUPREME COURT
I. C.ACHOLONU JUSTICE, SUPREME COURT
S. A. AKINTAN JUSTICE, SUPREME COURT
M. A. MUKHTAR JUSTICE, SUPREME COURT
PARTIES
BARRISTER JOHN DURU
MASTER CHIZOBA OGARAKU
APPELLANTS
PATRICK NWANGWU
NONYELUM NWANGWU
RESPONDENTS
AREA(S) OF LAW
ENFORCEMENT OF FUNDAMENTAL RIGHT
SUMMARY OF FACTS
The Appellants filed a motion at the Federal High Court praying for a declaration that the arrest and detention of the Applicants at the Barracks Police Station, and the detention of the 1st Applicant at Bode Thomas Police Station for periods ranging from 2 days to 10 days without justification and the threat of detention or further detention of the Applicants is unconstitutional unlawful, illegal, null and void, an order restraining the Respondents, their Agents or privies from arresting, re-arresting or detaining the Applicants, and an order directing the Respondents jointly and/or severally to pay to the Applicants damages. Upon being served with the processes, the Respondents filed a motion on Notice for an order dismissing the action. The trial Judge dismissed the Respondents’ application. The Respondents’ appeal to the Court of Appeal was allowed. The Court of Appeal further held that the Respondents could not be held liable for the arrest and detention of the Appellants and consequently struck off the names of the Respondents. Dissatisfied, the plaintiffs appealed to the Supreme Court.
HELD
The appeal was dismissed. The decision of Court of Appeal was affirmed.
ISSUES
Whether appellants’ claim in toto is only cognizable under S.32 of the 1979 Constitution and whether the said section had been suspended by Act No. 107 of 1993? (Otherwise known as Constitution (Suspension and Modification) Decree 1993).
RATIONES DECIDENDI
ENFORCEMENT OF ENTRENCHED FUNDAMENTAL RIGHT
CASES CITED
STATUTES REFERRED TO
