CORAM

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PARTIES

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MRS MARTINA UGBOMAH & ANOR

APPELLANTS 

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GOVERNOR OF ANAMBRA STATE

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, CONSTITUTIONAL LAW, CRIMINAL LAW AND PROCEDURE, FUNDAMENTAL RIGHTS, POLICE

 

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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

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Appeal Dismissed

 

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ISSUES

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“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.”

 

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RATIONES DECIDENDI

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

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

 

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ARREST – CONDITION PRECEDENT ON THE EXERCISE OF THE POWER OF THE POLICE TO ARREST ON REASONABLE SUSPICION

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“The power of the Police to arrest on reasonable suspicion is subject to the requirement that the Police shall before the arrest, satisfy themselves that there exist reasonable ground for suspicion of guilt. The test to be applied is that of a reasonable man acting without passion and prejudice see, Totor V. Aweh (2000) 2 NWLR (PT. 644) PG. 309. PER C. E. NWOSU-IHEME, J.C.A.

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria (as amended)

 

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