University Of Calabar & Ors V. MR. Sylvester Effiong Attah (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the judgment of the Federal High Court, Calabar Judicial Division, delivered on April 29, 2013 in Suit No. FHC/CA/M37/2012. By the said judgment, the Court below coram: P.M. Ayua, J; granted the declaratory relief for gross and flagrant violation of fundamental rights and awarded N3,000,000.00 damages in favour of the Respondent (Plaintiff).

BACKGROUND FACTS

The genesis of the instant appeal is traceable to March 15, 2012. That was the day the Respondent filed the Originating process (Motion on Notice) pursuant to Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999, and the inherent jurisdiction of the Court below, thereby seeking the following reliefs:

1. A DECLARATION that the act of the respondent in the circumstances of this case amounts to a gross and fragrant violation of the Applicant’s fundamental rights as guaranteed by Chapter four of the 1999 Constitution of the Federal Republic of Nigeria (As amended).

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2. AN ORDER of perpetual injunction restraining the respondent, his agents or privies from further molestation and intimidation to the person of the Applicant.
3. AN ORDER directing the respondent to pay to the Applicant the sum of N100,000,000.00 (One Hundred Million) only being general damages for trauma and injury suffered by the Applicant.

See page 2 of the record of appeal.

Not unnaturally, the Appellants filed a counter affidavit, wherein they controverted the Respondent’s claim.

The suit proceeded to trial at the end of which the Court below delivered the vexed judgment to the conclusive effect thus:

The Applicant’s application accordingly succeeds substantially and I hereby make the following orders:

1. A Declaration that the act of the Respondents, particularly, the 2nd to the 5th Respondents in inviting the applicant for questioning over a harmless statement expressing his opinion among friends over a public issue and then detaining him at the Security Unit of the 1st Respondent from 11.15am to 5.50pm on the 7th September, 2011 is illegal, unlawful and a violation of Section 35(1) and Section 39(1) of the

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Constitution of the Federal Republic of Nigeria, 1999, as amended.

2. General damages of N3 million (Three Million Naira) only in favor of the Applicant against the Respondents for the violation of Applicant’s fundamental rights by the Respondents.

SGD:

Hon. Justice Phoebe M. Ayua,

JUDGE