Afribank Nigeria Plc V. Mr. Mufutau Adigun & Anor. (2008)

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HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of the decision of the Federal High Court sitting at Akure giving judgment in favour of the Applicant/Respondent.

At the lower court, the Respondent sought for and was granted leave to enforce the following claims:

“1. CLAIM

(a) A DECLARATION that the issue or transaction which subsisted between the Applicant and the 2nd Respondent is fundamentally civil in nature and content and therefore not subject to criminal law investigation and proceedings.

(b) A DECLARATION that the Applicant has not committed any offence known to law.

(c) A DECLARATION that the arrest and Detention of the Applicant by the Respondents at special enquiries bureau (SEB) State Police Headquarters, Akure from the 4th day of May, 1999 till the 7th day of May 1999 and his continued harassment and intimidation by the Respondents is wrongful, illegal and unconstitutional as it violates his fundamental rights to liberty, and fair hearing as enshrined and guaranteed under Section 34, 35 and 36 of the constitution of the Federal Republic of Nigeria.

(d) AN ORDER OF PERPETUAL INJUNCTION restraining either jointly or severally whether by themselves, their servants, agents or privies or otherwise however from harassing, arresting, detaining and interfering with the personal liberty of the Applicant.

(e) N5,000,000.00 as general and exemplary damages against the Respondents jointly and severally for the harassment, inhuman treatment, illegal arrest and detention of the Applicant.”

The facts that led to the infringement of the Fundamental Human Rights of the Applicant as alleged by the Applicant in the Affidavit in support of his application (see pages 10- 16 of the Record of Appeal) are as follows:-

a. That he is a customer of the 2nd Respondent at its Akure Main Branch, Akure, Ondo State and that in the course of his banking relations he became indebted to the 2nd Respondent.

b. That the 2nd Respondent reported him to the 1st Respondent and instigated the 1st Respondent to arrest him on 4th May 1999.

c. That the threats to his freedom made him sell his cocoa at a loss of N3 million.

d. That his arrest and detention made his customers flee from him and refused to supply him cocoa beans for fear of the cocoa beans being seized by the Respondents.