Chief Mfon John Umoakan V. Chief Itohowo Okon Ikpaisong & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment)

The Appellant was the 1st Defendant at the trial Court in a Fundamental Right Enforcement proceeding filed by the Respondents herein as Applicants. Judgment was entered against the Appellant in favour of the Respondents by P. P. Idiong, J, of the Ukanafun Division of the Akwa Ibom State High Court in Suit No. HUK/MISC/21/2010 on the 13/6/2011.

Aggrieved by that decision, the Appellant has appealed against the said judgment.

The Respondents as Applicants at the trial Court sought the following reliefs:

“(a) An Order restraining the Respondents, servants, Agents, Privies, however, from harassing, intimidating, hunting for, inviting, arresting and detaining the Applicants on the pre of interviews, investigation or other unlawful acts of incarcerations.

?(b) A Declaration that the arrest and detention of the 1st, 2nd, 4th, 9th Applicants, the continuous hunt for the Applicants for arrest and detention, harassment, intimidation and humiliation/embarrassment by the 2nd – 4th Respondents at the behest of the 1st Respondent, constitute gross violation

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of the due process of law and amounts to infringement of the Applicants’ Fundamental Rights enshrined in Sections 35, 36, 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999.

(ii) It is unlawful to use the machinery of the Nigeria Police Force in the aforesaid manner against the Applicants who are innocent and law abiding citizens and have not committed any crime.

The conduct of the Respondents is, in the circumstance, arbitrary, illegal, harsh, oppressive, vindictive, unlawful, unconstitutional and therefore void.

(c) N1,000,000 (One Million Naira) in favour of each of the Applicants in the footing of exemplary/aggravated damages against the Respondents jointly and/or severally.”

The Respondents in their grounds for bringing the Application averred that the Appellant on or about the 5th day of April, 2010 trumped-up charges before the police against the 1st – 9th Respondents consequent upon a chieftaincy tussle in their community, Ikot Inyang Abia and against the 10th Respondent due to the Appellant’s interest in the position of Local Government Community Liaison Officer (C.L.O). They claimed that based on the above,

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they were arrested, detained, hunted, intimidated and humiliated.