MR. Matthias Nnoruga & Ors V. Dr. Akinbowale R. Eniowo & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court, sitting at Akure delivered on the 3rd of July 2013. The Appellants were the Applicants in that court while the Respondents were the Respondents.

Appellants in an amended Notice of Application at the Lower Court prayed for the following reliefs:

(a) A DECLARATION that the threat of arrest, subsequent arrest and detention of the applicants by the 2nd respondent (purportedly acting for the 5th and 6th respondents) on the false complaint of threat to life and fraud given by the 1st respondent, is unlawful and constitutes a breach, of the Fundamental Rights of the applicants as enshrined in sections 34, 35 & 41 of the Nigerian 1999 constitution as amended and Articles 4, 5, 6 & 12 of the African Charter on Human And People’s Rights.

(b) A DECLARATION that the invasion of the residence of the 1st and 2nd applicants by the the (sic) 3rd and 4th respondents as if they were common criminals; the confiscation of the 2nd applicant’s withdrawal booklets and the 1st and 2nd applicants cheque books in their residence; the forceful withdrawal of the sum of N970,000.00 from the 2nd applicant’s bank account at First Bank Plc, Market branch Akure under duress occasioned by the actions of the said officers acting under the instruction of the 1st respondent who followed her to the bank in company of the other applicants who had been arrested, constitute a breach of the Fundamental Rights of the applicants as enshrined in Section 37 of the Nigerian 1999 Constitution)

(c) AN ORDER restraining the respondents from further threatening, arresting, harassing or intimidating the applicants upon false and frivolous petition.

(d) AN ORDER of this Honourable court mandating the respondents to release forthwith to the 2nd applicant her N970,000.00 she was forced by the officers of the 5th and 6th respondents named in relief (b) to withdraw from her account at First Bank Plc, Market branch, Akure, which is now in the custody of the 2nd and 3rd respondent or the 1st respondent.

(e) AN ORDER of this Honourable court awarding the sum of N20,000,000.00 (Twenty Million Naira) as exemplary damages against the respondents jointly and severally for the brazen infringement of the rights of the applicants.

From the affidavit evidence the complaint of the appellants at the Lower Court was as follows:

The appellants trade under the name and style of Akure Team Quarry.

The Appellants entered into an agreement (Exhibit A) with the 1st Respondent for the blasting, evacuation and management of rock. The 1st Respondent to this end released the sum N5,500,000 (Five Million, Five Hundred Thousand Naira). The 1st and 2nd Appellants used their certificate of Occupancy as a collateral for the money.

From the take off of the business the Appellants began to encounter various elements of frustration not envisaged.

After drilling several holes on the site preparatory to the blasting of the rock, the Appellants noticed that they had already spent N2,000,000 (Two Million Naira). They therefore wrote a letter (Exhibit B) to the 1st Respondent asking for a review of the contract. The 1st Respondent refused the request and asked for a refund of the N5.5 million he had paid. The Appellants paid back N2.4 million to the 1st Respondent.

Dissatisfied with the payment of on N2.4 million, the 1st Respondent reported the Appellants to the police. 1st and 2nd Appellants were arrested and detained until the following day after they had each made a statement to the police. The son of the 1st and 2nd Appellants who was not a party to the contract was beaten up by the police.