Just Decided Cases

CHIEF (DR.) O. FAJEMIROKUN V. COMMERCIAL BANK NIG. LTD

Legalpedia Citation: (2009) Legalpedia (SC) 11616

In the Supreme Court of Nigeria

Fri Feb 20, 2009

Suit Number: SC. 336/2002

CORAM


ELIAS JUSTICE, SUPREME COURTSOWEMIMO JUSTICE, SUPREME COURTIBEKWE JUSTICE, SUPREME COURT


PARTIES


CHIEF (DR.) O. FAJEMIROKU APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellants alleged that his arrest and detention at the instance of the respondents was unconstitutional and his application for the enforcement of his fundamental rights was struck out by the trial court. His appeal to the Court of Appeal was dismissed. He has further appealed.


HELD


Appeal Dismissed


ISSUES


1.  Whether the particulars as contained in the Appellant’s processes have not sufficiently made out a case for the violation of his fundamental human rights.”2.  Whether the Appellant was bound to join the Police as a party having identified the Respondents as responsible for the violation of his rights


RATIONES DECIDENDI


CONCURRENT FINDINGS OF FACT-WHEN THE SUPREME COURT WILL INTERFERE


It is not the duty of the Supreme Court to interfere with concurrent findings of facts of the High Court and the Court of Appeal unless compelling reasons justify such interference. Per OGEBE, JSC


CASES CITED


Seven-up Bottling Company Limited v Adewale (2004) 4 NWLR (Pt. 862). 183.


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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