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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
CHIOMA EGONDU NWOSU-IHEME
ISAIAH OLUFEMI AKEJU
PATRICIA AJUMA MAHMOUD
MRS MARTINA UGBOMAH || GOVERNOR OF ANAMBRA STATE
AREA(S) OF 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.
ISSUES FOR 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.”
“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.
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria (as amended)|
Dr. K. J. BieluFor Appellant(s)|B. C. Obiekie, Esq.- for 1st & 2nd RespondentsFor Respondent(s)|