Mr. Micheal Andem Vs The Commissioner Of Police & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADEBUKUNOLA ADEOTI IBIRONKE BANJOKO, JCA (Delivering the leading judgment)

This appeal is against the judgment delivered by Honorable Justice O. C. Agbaza of the Federal Capital Territory High Court, Abuja on the 3rd Day of July, 2019 in suit no. FCT/HC/CV/882/2019, contained at pages 91 – 104 of the record of appeal filed on the 3rd day of October, 2019.

The brief facts of the case that gave rise to this appeal were that, the appellant, a barber doing business in the Karimo Area of the Federal Capital Territory, was arrested on the allegation of aiding one Mr. Ibrahim Agada to rape the Fourteen (14) year old Daughter of the 2nd respondent.

His Case for the Enforcement of his Fundamental Human Rights under sections 34 (1), 35 (1), 37, 41(1), and 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and order XV rule 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, was premised on the fact that he was arrested at the behest of the 2nd respondent and detained beyond the constitutionally prescribed period without being arraigned before a Court of Competent Jurisdiction.

In the judgment, the learned trial Judge held that the applicant, now appellant, had failed to establish a violation of his Fundamental Human Rights as enshrined in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and dismissed the suit, awarding costs of Fifty Thousand Naira (N50,000.00) in favour of the 2nd respondent.

Aggrieved with this decision, the appellant filed his notice of appeal on the 29th day of July 2019 and transmitted the records of appeal on the 3rd day of October, 2019. In support of his appeal, he had also filed the appellant’s brief of arguments on the 15th day of November, 2019.

In response, the 1st respondent filed the 1st respondent’s brief of arguments on the 22nd day of June, 2023, which was deemed as duly filed on the 12th day of March, 2024.

The 2nd respondent, on his own part, filed his 2nd respondent’s brief of arguments on the 11th day of February, 2020, which was deemed as duly filed on the 12th day of March, 2024.

In the notice of appeal, the appellant premised his grievances on two grounds as follows:

Ground one:

The judgment of the trial court is completely perverse as it was totally against the weight of the affidavit evidence placed before it. (Three particulars of errors) were set out in support of this ground.

Ground two:

The learned trial Judge misdirected himself when he held that the 2nd respondent only exercised his right by complaining against the appellant to the 1st respondent of an infringement/infraction of the law. (Only one particular of error) was set out in support.

The appellant then sought for the following reliefs from this court: