Diamond Bank PLC V. Chief Ignatius Ike Okpala (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff, filed an action, the subject of this appeal in the High Court of the Federal Capital Territory for –

“i. A Declaration that the arrest and detention of the plaintiff by the staff of the defendant is unlawful and constitutes a false imprisonment of the plaintiff.

ii. An order of this Court mandating the defendant to return to the plaintiff a Diamond Bank Cheque No. 490439 forcefully taken away from the plaintiff by the defendant.

iii. N20,000,000.00 (Twenty million naira) only aggravated general damages for false imprisonment of the plaintiff.

iv. Cost of this action”.

?The facts of the case are simple. On September 14, 2006, the respondent alleged that he presented a cheque for payment to the appellant, issued to him by Igweonu Associates Nigeria Limited, a customer of the appellant; for the sum of N3,000,000.00 (Three million Naira). Instead of being paid, the appellant unlawfully arrested and detained him in the bank by her security guards for eight hours handcuffed in a solitary room without being paid and

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without water or food despite demand for same. He was eventually released to a current account holder of the bank, one Ikechukwu Ezechukwu (SAN) with an undertaking for his production anytime he was needed.

The appellant denied unlawful arrest and detention. According to her, the respondent was interrogated upon discovery that the signature on the cheque was substantially different from the one on the mandate card of Igweonu Associates Nigeria Ltd. A call was made to Mr. James Igweonu, the CEO of Igweonu Associates Nigeria Ltd and the sole signatory to the account who denied knowing the appellant or issuing the cheque. The appellant was then handed over to the policeman attached to the appellant’s bank for investigation. Upon the appellant’s plea to trace Mr. Igweonu he was released for him to bring Mr. Igweonu to the bank which he never did but later filed this action.

After a full trial, the learned trial judge found for the respondent and awarded the following reliefs:-

1) A Declaration of Court is made that the arrest and detention of the plaintiff by the staff of the defendant is unlawful and constitutes a false imprisonment of the

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plaintiff.

2) An Order of this Court is made mandating the defendant to return to the plaintiff the Diamond Bank cheque number 490439 forcefully taken away from the plaintiff by the defendant.