Seed Vest Microfinance Bank Plc & Anor V. Paul Adedigbo Ogunsina & Ors (2016)

LawGlobal-Hub Lead Judgment Report

SOTONYE DENTON-WEST, J.C.A.

This is an appeal against the judgment of Honourable Justice A. O. Adebusoye of the Ondo State High Court of Justice delivered on the 14th day of March 2013. The Applicant/Respondents filed an application for the enforcement of his Fundamental Human Rights dated 28th, day of September 2012, praying the Court for the following reliefs:
i. A DECLARATION that the arrest, detention and torture of the Applicant from the 24th September, 2012 to 26th day of September 2012 is illegal, unlawful, a violation of his fundamental rights to personal liberty, freedom of movement, dignity of human person as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria amount to false imprisonment.
ii. A DECLARATION that the further threat of arrest and detention of the Applicant by the 5th Respondent is unlawful, unconstitutional and violation of his right to personal liberty.
iii. A DECLARATION that the relationship between the Applicant and the 1st Respondent is purely contractual and that the 3rd, 4th and 5th Respondents are not entitled to mediate and or

1

interfere in their affairs.
iv. The sum of N50,000,000.00 (Fifty Million Naira) as general damages for the pain and psychological trauma suffered by the Applicant when he was unlawfully arrested, detained and tortured by the agents of the 4th and 5th Respondents at the instruction and directive of the 2nd Respondents.
v. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their agents, privies, servants and whosoever from fuller threat, arrest, detention, harassment and embarrassment of the Applicants save only if the Applicant commit an offence.
?
After the exchange of pleadings and completion of trial, the High Court of Justice granted the Applicant/Respondent the following reliefs.
i. A DECLARATION that the event, detention and torture of the Applicant from 24th September 2012 to 26th September 2012 by the 1st – 4th Respondents is illegal, unlawful, a violation of his fundamental right to personal liberty, freedom of movement, dignity of human person as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria and amounts to false imprisonment.
ii. A DECLARATION that the relationship between the Applicant

2

and 1st Respondent is purely contractual and that the 3rd and 4th Respondents are not entitled to mediate and or interfere in their affairs.
iii. The sum of N2,500,000 (Two Million Five Hundred Thousand Naira) is hereby awarded as general damages against the 1st – 4th Respondents jointly and severally for the pain and psychological trauma suffered by the Applicant when he was unlawfully arrested, detained and tortured by the agents of the 4th Respondent at the instruction and directive of the 2nd Respondent.
iv. An order of perpetual injunction, restraining the 1st – 4th Respondents, their agents, privies, servants and or whosoever from further threat, arrest, detention, harassment and embarrassment of the Applicant save only if the Applicant commits any offence.

And also the award of N5,000 as damages in favour of the Applicant against the 1st – 4th Respondents.

The 1st and 2nd Appellant/Respondents being unsatisfied with the said judgment appealed to this Court vide a Notice of Appeal dated 12th day of June 2013 and filed 14th day of June 2013.
?
When the appeal came up for hearing on the 10th day of March 2016, P. K. Salami

3

(Esq.), counsel for the Appellants, adopted their Brief of Argument dated 27th day of August 2014 and filed on the 28th day of August 2014. And also filed a Reply to the 1st Respondent’s brief dated 27th day of November 2015 and filed on the 1st day of December 2015.  This Court was urged to allow this appeal and set aside the Judgment of the lower Court.

Present with Sam Oloruntoba (Esq.) was Pius Daodu (Esq.), Counsels for the 1st Respondent who adopted the 1st Respondent’s brief dated and filed on 6th November 2015.

Likewise, the counsel for the 1st Respondent urged this Court dismiss this appeal and affirm the judgment of the lower Court.
The Appellants formulated three (3) issues for determination.
1. Whether or not the learned trial Judge properly assumed jurisdiction in this case in Section 251(1) (P) (Q) (R) and (S) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
2. Whether or not the person who reports the commission of an offence to the police can be culpable for doing so, under the law.
3. Whether or not from the facts contained in the processes filed by the Applicant/1st

4

Respondent, he made out against the 1st and 2nd Appellants, a case of violation of his fundamental human rights, as to entitle him to an order enforcing his rights in that regard.