"The provision of Section 35(6) of the 1999 Constitution are very clear on the entitlement of a person unlawfully detained to compensation and public apology by the appropriate authority. There are also several cases where damages have been awarded in fundamental rights actions. See OZIDE & ORS V. EWUZIE & ORS (2015) LPELR 24482, IGBOKWE V C.O.P EDO STATE & ORS (2017) L.P.E.L.R-42072 (C.A.), OKONKWO V OGBOGU (1996) 5 NWLR (PT. 499) P. 420.

I therefore respectfully disagree with his Lordship that damages cannot be claimed in an application for enforcement of fundamental rights. There is no doubt that the 1st appellant is entitled to compensation for her unlawful detention from 23/5/2012 to 29/3/2012. To be forcefully uprooted from the comfort of one's home and put in a police cell contrary to the provisions of the Constitution is an act deserving of every form of condemnation in a decent society.

It definitely was a very traumatic experience for the 1st appellant. I resolve this issue also in favour of the appellants. I shall invoke the provision of Section 15 of the Court of Appeal Act to award the sum of N300,000.00 (Three Hundred Thousand) as compensation to be paid by the 3rd - 6th Respondents to the 1st appellant for her unlawful detention."

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