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BREACH OF FUNDAMENTAL RIGHTS: When detention would amount to a breach of fundamental right

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"I think it smacks of serious error of judgment for the trial Court to have said: "Throughout the Applicant's affidavit, there exist no act of the Respondents which amounted to a violation of their fundamental rights. The Respondent showed that the 2nd Applicant was granted bail at the earliest Opportunity. The 2nd Appellant therefore did not prove that the Respondents violated her fundamental rights and I so hold."

That findings and holding were strange and perverse in the face of evidence, even from the Respondents, that 1st Appellant was arrested and detained by 3rd-6th Respondents, at the behest of the 1st and 2nd Respondents and the 2nd Appellant threatened with arrest. Releasing Appellant on bail, after a wrongful arrest, even goes to establish that she had been detained, depriving her of her liberty, and subjecting her to the associated indignities.

The Court cannot gloss over any violation of one's rights. And by law, detention, when wrongly done, is actionable and condemnable, no matter how short. See Ogbonna Vs Egbulefu & Ors (2018) LPELR - 43810 CA, where it was held: "It is however correct to hold that detention, no matter how short, can lie a breach of fundamental rights.

But that can only be so if the detention is adjudged wrongful and unlawful in the first place; that is, if there is no legal foundation to base the arrest and/or detention of the Appellant See Okonkwo Vs Ogbogu (1996) 5 NWLR (Pt. 499) 420; lsenahmbe Vs Amadin (2001) CHR 458; Nemi Vs A.G.Lagos State (1996) 6 NWLR (Pt.452)."

Per MBABA, J.C.A. IN OKEKE & ANOR v. IHEAZIE & ORS CITATION: (2018) LPELR-45017(CA)


   
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