African Continental Bank Plc. V. Miss Blessing Mgbeodi Ugorji (2001)

LawGlobal-Hub Lead Judgment Report

SYLVANUS ADIEWERE NSOFOR J.C.A,

This is an appeal from the decision by the Abia State High Court (F.I. Ogbuagu, J) holden in Aba. It is being heard on the bundle of document compiled by the appellant, a departure from the Rule of the Court in that regard having been granted to it. The appeal turns on a point of jurisdiction.

The Facts:-

The applicant in the court of trial on the 6th of June, 1996, had left her home in Nneoyi village within the Amaise Community of Isiala Ngwa Local Government to visit a cousin one Chief Samuel Onwukwe Nwauzor resident in Ndiegoro village within the Aba South Local Government on vacation. While there some officers of the 1st Respondent at the trial, African Continental Bank Plc (hereinafter to be referred to simply as the Bank for short) arrested her, forcibly took her firstly, to the Bank’s office at No. 7, Milverton Avenue, Aba, then to the Area Commander, Aba and then to the Cemetery Road Police Station from whence they took her finally to the Azuka Police Station Aba where the applicant was handed over to Effiong Eyibio to be detained in custody. It was in the Police Station that the applicant was informed that she was being held in custody and detention in place of Samuel Onwukwe Nwauzor a debtor to the Bank and that she would not be released from custody and detention unless and until Samuel Onwukwe Nwauzor turned up and liquidated his indebtedness to the Bank.

The application to the Police on the 7th of June, 1996, on behalf of the applicant for bail by the solicitor Emeka Wogu Esq., was refused. While in custody, the applicant was denied access to the members of her family who brought her some food. She suffered serious mental and physical agony while in detention.

Consequent on the above, on an application, ex parte, pursuant to Order 1 Rules 2(1), (2) and (3) of the Fundamental Rights (Enforcement Procedure) Rules, 1979, leave to apply for an Order enforcing her human rights was granted on the 12th of June, 1996 by the High Court.

Leave having been granted, the applicant brought the action –

(a)Â Â motion is an action; See Kiwi Polish Co. vs. Kempthorne (1922) N.W.L.R. 77) under Order 2 of the Fundamental Rights (Enforcement Procedure) Rules, 1979 praying for:-

“(a) the enforcement of the Fundamental Rights Applicant in terms of the reliefs set out in paragraph 2 of the statement accompanying the application for leave and on the affidavit verifying the said statement which documents are served along with this application”.

The motion on notice was supported with an affidavit of the (10) paragraphs sworn by the applicant – Miss Blessing Mgbeodi Ugorji. It is not absolutely necessary setting down the reliefs sought.

The application came on for hearing on the 22nd of May, 1997, (see page 23 of the Record of Appeal) before I.F. Ogbuagu, J.

The minutes of the Court on the 22/5/97 read inter alia:-

“Applicant – present

Respondent – absent