CORAM

MR. JUSTICE A. MUSTAPHA

PARTIES

CYPRAIN CHUKWUKA ANIKPE APPLICANT(S)

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

By an ex parte application the Applicant under Order 1 Rules 1(1) and (2) and Rules 2(1) and (3) of the Fundamental Rights (Enforcement Procedure) Rules 1979 as well as S. 40(1) of the Constitution of the Federal Republic, of Nigeria 1979 as amended sought and was granted leave for the enforcement of his fundamental right, which he claimed was infringed by the Board of Customs and Excise. The Applicant then brought a motion on notice seeking for an order of this court for the release of his car that was seized and detained by the Squad Unit of the Board of Customs and Excise Apapa.  The Respondent opposed the motion and after arguments were heard by the counsel, the court ordered parties to call for oral evidence in order to prove the averment in their affidavits

HELD

Motion granted

ISSUES

Whether the detention of the Applicant’s vehicle is lawful

RATIONES DECIDENDI

TECHNICALITIES – ATTITUDE OF THE COURT TOWARDS TECHNICALITIES

“A Court of law should not be concerned with technicalities but rather with doing substantial justice between the parties.” PER MUSTAPHA J

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic, of Nigeria 1979Customs and Excise Management Act 1958

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