MRS MARTINA UGBOMAH & ANOR v. GOVERNOR OF ANAMBRA STATE & ORS

(2021) Legalpedia (CA) 18583

In the Court of Appeal

HOLDEN AT AWKA

Wednesday, March 10, 2021

Suite Number: CA/AW/303/2015

CORAM

CHIOMA EGONDU NWOSU-IHEME

ISAIAH OLUFEMI AKEJU

PATRICIA AJUMA MAHMOUD

MRS MARTINA UGBOMAH || GOVERNOR OF ANAMBRA STATE

AREA(S) OF LAW

APPEAL

CONSTITUTIONAL LAW

CRIMINAL LAW AND PROCEDURE

SUMMARY OF FACTS

The Appellants as Applicants at the lower Court took out an Application for the enforcement of their fundamental rights against the arrest, humiliation, torture and detention at the Nigeria Police, Onitsha Area Commanders Office and at the Special Anti-Robbery Squad (SARS) Awkuzu by the 3rd & 4th Respondents for a period of twenty nine days. In a considered Judgment, the trial court dismissed the application, hence the instant appeal.

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HELD

Appeal Dismissed

Issues Of Determination:

“Whether on the facts and circumstances of this case the learned trial Judge was right to hold that the arrest and detention of the Appellants was within the Police discretion, exercised within the ambit of the law and proceeded to dismiss their Application.”

RATIONES

RIGHT TO PERSONAL LIBERTY – CIRCUMSTANCES WHERE A CITIZEN CAN BE DEPRIVED OF HIS RIGHT TO PERSONAL LIBERTY

“Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that every citizen is entitled to his personal liberty and that no citizen shall be deprived of his said personal liberty save in accordance with the procedure permitted by law. Section 35 (1) (c) of the said Constitution enumerates three circumstances where a citizen can be deprived of his constitutionally guaranteed liberty to include: a. For the purpose of bringing him before a Court in the execution of an order of Court. b. Upon reasonable suspicion that he has committed an offence. c. To prevent or stop him from committing a criminal offence. From the above provisions of the said Section 35(1) (C) of the Constitution, it is obvious that the right to personal liberty is not absolute. Such liberty can be curtailed or restricted under certain circumstances permitted by law. See Ekwenugo V. Federal Republic Of Nigeria (2001) 6 NWLR (PT. 708) PG 185.

Per C. E. NWOSU-IHEME, J.C.A.

STATUS(ES) REFERRED TO

Constitution of the Federal Republic of Nigeria (as amended)|

COUNSELS

Dr. K. J. BieluFor Appellant(s)|B. C. Obiekie, Esq.- for 1st & 2nd RespondentsFor Respondent(s)|

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Esther ORIAH