Skye Bank PLC V. Emerson Njoku & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Abia State High Court, in Suit No. HOB/11M/2010, delivered by Hon. Justice S.F. Ananaba on 12/3/2012, wherein the Learned Trial Judge entered judgment for Applicant (Respondent herein) for the violation of his fundamental rights and awarded N1,000,000.00 (One Million Naira) only, to him as damages therefor, and N20,000.00 (Twenty Thousand Naira) only as cost of the action.

?The 1st Respondent (as Applicant) on 26/1/2010 had filed application for enforcement of his fundamental rights pursuant to Order 11 Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009. He sought the following reliefs:

(i) A declaration?that the 1st Respondent has no right in law to use the Police, that is to say, the 2nd, 3rd, 4th or 5th Respondents and or their agents and operatives to hound, chase around, harasss, seek to arrest, detain and humiliate dehumanise and oppress the Applicant in a matter relating to Banking loan for commercial purposes of

goods clearance from the Nigeria Customs between Nkpola Investment Ltd and the 1st Respondent, which is strictly a civil matter, subject to civil law.

(ii) A declaration? that the 1st Respondent?s use of its agents and agents, operatives and servants of the 2nd, 3rd, 4th and 5th Respondents to chase around, harass, seek to arrest, detain, further detain, humiliate, dehumanise and oppress the Applicant, by now hounding him away from his Company?s Business Premise at No. 1, Nkoro Avenue, off 109B Okigwe Road, Aba into a hiding place at No.1, Umuobu Village, Ovom 1, in Obingwa L.G.A. over a civil loan transaction between Nkpola Investment Ltd and the 1st Respondent, is unconstitutional and amounts to a breach of his fundamental rights to the dignity of his person, his personal liberty and freedom of movement.

(iii) An Order of the Honourable Court restraining the Respondents, their agents, servants, privies or successors, howsoever from arresting, further arresting, chasing around, hounding, detaining, dehumanizing, oppressing or in anyway, violating and/or further violating the

fundamental rights of the Applicant in connection with the fact of this case.

(iv) A declaration? that Cheques Nos. 10000010, 10000011 and 10000012 payable on 28/2/2010, 30/3/2010 and 30/4/2010 were forcibly extracted from the Applicant whilst in detention and are of no effect whatsoever.

(v) An Order? that the Respondents jointly and/or severally pay general damages to the Applicant to the tune of one million naira for the breaches of his fundamental rights in connection with the facts of this case.? See pages 1 and 2 of the Records of Appeal.

The grounds and facts upon which the application was predicated were disclosed on pages 6 to 8 of the Records, and the affidavit in support of the facts and grounds were on pages 9 and 10 of the Records of Appeal, which also exhibited the documents relied upon at the trial by the Applicant.

The Lower Court, on 27/1/2010, granted Applicant?s ex-parte application, also filed on 26/1/2010, and made Order, on the said 27/1/10:

RESTRAINING the Respondents, their servants, agents, subordinates and

privies, howsoever, from arresting, further arresting, detaining, humiliating, hounding, dehumanizing and oppressing the Applicant in connection with the facts of this application and staying all actions in connection with the subject matter, pending the hearing and determination of the substantive application.?