The Commissioner of Police V. Alhaji Isa Ibrahim (2016)

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ISAIAH OLUFEMI AKEJU, J.C.A.

The Respondent, Alhaji Isa Ibrahim as the Applicant in suit No. KDH/KAD/253/2014 commenced through the motion on Notice dated 20th March, 2014 pursuant to Order 11 Rules 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Section 44 of the Constitution of the Federal Republic of Nigeria 1999; African Charter on Peoples and Human Rights as well as the Universal Declaration on Human Rights, praying for the following orders;
1. A Declaration that the arrest and detention of the applicant’s CRV Jeep with Chassis No. JHLRD1859VC044976 red in color since January, 2013 till date by the Respondent for no justifiable reasons amounts to the infraction of the Applicant’s fundamental rights to own and use moveable property guaranteed under Section 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); relevant provisions of the African Chapter on Human peoples’ rights as well as the universal Declaration on Human Rights.
2. AN ORDER unconditionally releasing unto the Applicant his car, a Honda CRV jeep with chassis No.

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JHLRD1859VC044976, RED in color which was forcefully seized from him since January, 2013 and is being detained till date by the Respondent.
3. AN ORDER of perpetual injunction restraining the Respondent, his agents, representatives, etc from further arresting and detaining the Applicant’s said car, a Honda CRV Jeep with Chassis No. JHLRD1859VC044976, red in color based on facts of this case.
4. ORDER awarding exemplary damages against the Respondent in favour of the Applicant in the sum of Twenty Five Million Naira (N25,000,000.00) for the infraction of the Applicant’s Fundamental Human Rights to own and use the said car.
5. AND for such further order or orders as the Honourable Court may deem fit to make in the circumstances of this case.

By the affidavit in support of the motion deposed to by the applicant himself, Alhaji Isa Ibrahim, it was stated that 15/5/2007, he purchased a Honda CRV Jeep with chassis JHLRD1859VC044976 red in color from divine motors at a price of One Million Two Hundred Thousand Naira (N1,200,000.00) and was issued a receipt No. 503 to that effect and also given the other particulars of the vehicle without

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any form of challenge until January, 2013 when his wife went to Kaduna with the car and it developed a fault that necessitated its being taken to a mechanic workshop by one Engineer Abbas who later stated that he was arrested with the vehicle by a Police Officer and the vehicle was driven to Barnawa Police Station because the vehicle was claimed by one woman who eventually could not establish the claim; but the vehicle was still taken to the State CID where it was detained upon suspicion of its being stolen, even after he produced the original documents of the vehicle, the police still refused to release the vehicle and same has been detained despite the fact that there was no investigation going on and in spite of the several demands for the release of the vehicle, the absence of which caused serious setback to him in the execution of his business.

The statement of Name and Description of the Applicant, Grounds upon which Reliefs were predicated, as well as the written Address were filed with the application. Documents marked as exhibit A and exhibits B1 – B10 were also attached to the application.

In the Counter affidavit of 10 paragraphs

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filed by the applicant as the Respondent and deposed to by one Corporal Yakubu Ali, who was among the team of investigators who investigated the case, it was stated that one Mr. Yakassai of Challawa Barnawa Area, Kaduna had reported a case of armed robbery on behalf of Charles Lovey Kato at Barnawa Police Station, on 21/11/2012, and on 8/1/13, one Corporal Pius Markus investigating the case saw the CRV Honda Jeep red color involved in the alleged robbery and same was driven by suspect in an armed robbery case already pending at the State CID Kaduna, and upon suspicion of its being stolen, the vehicle was brought to the Police Station where upon further investigation, Mrs. Amina Lovey who had earlier lodged a complaint confirmed that the vehicle was not her own; while though Bala Sa’eed produced the documents of the vehicle he did not produce one Alhaji Isa Ibrahim who he claimed to be the owner of the vehicle. NIt was further deposed that in compliance with the directive of the Inspector-General of Police dated 17/3/13, that all vehicles in Police Formations should be disposed, the appellant raised a signal to the Chief Magistrate Court for sale of

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vehicles and other properties including the Honda CRV now in issue. It was also deposed that one Alhaji Sa’eed Bala was using the name Isa Ibrahim as a decoy in this case.

The appellant filed the written Address as well as documents marked as Exhibits P1 – P8 with the affidavit, and after hearing the learned Counsel for the parties, the trial Court, in the Ruling delivered on 24th June, 2014 found merit in the application and ordered that the arrest and detention of the applicant’s CRV Jeep by the Respondent amounted to the infraction of the applicant’s fundamental rights to own and use movable property guaranteed under Section 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the relevant provisions of the African Charter on Human and Peoples Rights as well as the Universal Declaration on Human Rights. The Court also ordered the Respondent to release to the Applicant his Honda CRV Jeep unconditionally while the Respondent, his agents, representatives etc were restrained from further arresting and detaining the Applicant’s Honda CRV Jeep. The claim for exemplary damages was not granted.