Anuka Community Bank Nigeria Limited & Anor V. Felix Olua & Anor (2000)

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TOBI J.C.A.

The 2nd appellant is Anuka Community Bank Nigeria Ltd. which operates at Nnewi. The 1st appellant is the Manager of the 2nd appellant. The applicant/respondent was a customer of the 2nd appellant at all times material to this matter. He operated a Current Account, No.500050001087 from 10th January, 1997.

The applicant/respondent was granted short-term credit and overdraft facilities by the 2nd appellant at different times. The appellants claimed that on 14th May, 1997 and 23rd May, 1997, the applicant/respondent was granted overdraft facility of N400,700.00. The applicant/respondent put the figure at N400,000.00 which leaves a difference of N700.00. The applicant/respondent surrendered a UBA cheque for N350,000.00 as security for the loan. According to the appellants, when the applicant/respondent failed to liquidate the facility, the UBA cheque surrendered by him was presented for payment. The cheque was dishonoured. The appellants petitioned the Divisional Police Officer Central Police Station, Nnewi in respect of the dud cheque issued by the applicant/respondent.

On this point, it is the case of the applicant/respondent that following the admission of the appellants, at the time the cheque was presented for payment, he was indebted to the appellants less than the value of the cheque. The police arrested and detained the applicant/respondent on 11th September, 1997 for about seven hours for issuing a dud cheque.
The applicant/respondent filed a motion at the lower court for the following reliefs:

“(1) Declaration that the arrest, harassment, intimidation and detention of the applicant at the first respondent’s Central Police Station Nnewi and State C.I.D. Awka at the instance of the second and third respondents is unconstitutional, unlawful, illegal, null and void.

(2) An order restraining the respondents from further arrest, detention, intimidation and harassment of the applicant.

(3) An order restraining the respondents or their agents from further arrest, detention, harassment and intimidation of the applicant howsoever, for any reason connected with or pertaining to the cheque issued by the applicant to Anuka Community Bank Nig. Ltd. as security for a loan/overdraft.

(4) N5 million damages for the infringement of the rights of the applicant to personal liberty and freedom of movement.

(5) And for such further or other orders as the Honourable court may deem fit to make in the circumstances.

The learned trial Judge granted reliefs (1) and (2). He did not grant relief(4). He however amended relief(3) as follows:

“An order restraining the 2nd and 3rd respondents from using the Nigeria Police Force against the applicant for recovery of loan, overdraft or any debt owed the 2nd and 3rd respondents.”
The Judge also awarded damages of N500,000.00 as opposed to the N5 million sought by the applicant/respondent. In his words:

“Unlawful arrest and detention are deprivations of personal liberty and freedom of movement. I assess and fix damages at N500,000.00 against the respondents jointly and severally for infringement of the applicant’s right to personal liberty and freedom of movement.”
Aggrieved by the decision of the learned trial Judge, the appellants have come to this court. Briefs were filed and exchanged. The appellants formulated the following issues for determination:

“(a) Whether from the totality of the processes filed in this matter, the facts annexures, submissions of counsel and ruling, enforcement of fundamental right to personal liberty and freedom of movement was the principal or fundamental claim? In other words, was this matter one cognisable under the Fundamental Rights Enforcement Procedure Rules 1979.

(b) If the answer to the above question is in the affirmative, was the learned trial Judge right in his conclusions that the arrests and detentions of the applicant at CPS Nnewi for about SEVEN hours and State CID Awka for almost a day not justified, excused or permitted by law in view of section 32(1) (b) (c) of 1979 Constitution.