The applicant as plaintiff commenced action pursuant to chapter IV, s.42 of the 1997 Constitution for the enforcement of his fundamental rights. It was his case that he was unlawfully arrested at various occasions and detained in different cells at Onitsha, Awka and Lagos. 1st to 8th respondents who at the lower court were behind appellant’s ordeal.

The appellant, a dealer in foreign exchange, conducted his business in Onitsha Main Market where he had a stall. Early one morning in December 1995, one Benjamin Obimma went to the appellants stall where he (Obimma) collected $10.000 (Ten Thousand United State Dollars) with a view to selling same and making a commission therefrom. The said Obimma returned the $10, 000 to the employees of the appellant from whom he had earlier collected the sum. Obimma told the employees how lucky he was to return the money in view of the armed robbery which took place at the place Obimma had gone to sell the currency. Appellant was not in his stall when this seeming drama took place. Appellant was only informed of what took place subsequently on his arrival at about 10.30a.m.

Eventually, the appellant was summoned to OMATA WHITE HOUSE, the administrative headquarters of their traders association, where he was requested to return the $10, 000 which Benjamin Obimma took back to appellant’s stall. It was alleged that a different dealer had taken the same amount to the scene of the Robbery at the time Obimma went to conduct business. The money returned to the appellant by Obimma was the other dealer’s money thus the request that appellant returned same.

Appellant explained to the officers of the traders association that he was not at his stall when the transactions between Obimma and his employees took place and that he was only informed about the episode. Appellant was asked to and he left after the explanation he offered.

1st and 2nd respondents reported the matter to the police as a result of which 3rd - 8th respondents effected the arrest, and detention of the appellant. Appellant’s action at the trial court was informed by these facts.

The court found appellant’s arrest and detention unconstitutional and awarded him N10, 000.00 damages. The court also ordered appellant to refund to the 2nd respondent the sum of $10,000 which Benjamin Obimma allegedly returned to the former. The appellant being dissatisfied with the second arm of the trial court’s order in respect of the $10,000 filed this appeal.

The 3rd - 8th respondents cross-appealed wherein they contended that the arrest and detention of the appellant was lawful and that the section of the Constitution under which the appellant instituted the action had been repealed and abrogated by the Constitution Suspension and Modification Decree, 107 of 1993.