Apostle Jeremiah Totor V. Philip Aweh & Anor (1999)

LawGlobal-Hub Lead Judgment Report

ROWLAND, J.C.A.

The appellant as plaintiff in Suit No. W/82/92 claimed against the respondents as defendants the following relief as per paragraph 15 of his amended statement of claim:-

“The Plaintiff claims against the Defendants jointly and severally the sum of N1,000,000.00 for damages suffered when the defendants, on or about the 12th January, 1992 falsely and maliciously caused the arrest and a false imprisonment by the Nigeria Police of the Plaintiff at Arigbegha town within the jurisdiction of this Honorable Court on the false and malicious charge that the plaintiff with other persons signed for and claimed N2.8 Million belonging to Opuama Community. The State Intelligence and Investigation Bureau thoroughly investigated the information while the plaintiffs with other persons were locked up in the police cell for eight days, and found the information totally false and untrue.”

Pleadings were ordered, filed and exchanged. Thereafter, both parties amended their pleadings. The case then proceeded to trial. After reviewing the evidence adduced by both parties, the learned trial Judge, in a reserved judgment dismissed the plaintiff’s claim in its entirety. The plaintiff was dissatisfied with the decision of the court below and consequently appealed to this court on three grounds of appeal. The grounds of appeal with their particulars read:-

“(i) Error in Law

The learned trial Judge erred in law and consequently arrived at a wrong decision when he held that:

‘The failure of plaintiff to put in evidence the original or copy of the Report itself greatly weakens plaintiff’s case.’

Particulars of Error

(a) The writing of the said report or petition to the police by the defendants was not in dispute.

(b) There was evidence that the defendants reported a case of stealing of N2.8 Million belonging to Opuama community against the plaintiff and his community.

(c) Exhibit ‘A’, a letter written by the Police to the Party Manager, Western Geophysical (Ltd.) was as a result of the said report/petition by the defendants to the police.

(d) P.W. 2 – Police Inspector stated that 2nd defendant reported a case of stealing N2.8 Million by means of a petition dated December 3, 1991.

(e) 2nd defendant under cross examination testified that he reported to the police at Asaba that Arigbegba community of which plaintiff is leader had signed Damage Assessment Vouchers meant for Opuama community. He went further to state that they (defendants) reported that plaintiff and five others stole N2.8 Million, and that the report made to the police was a written one.

(ii) The learned trial Judge misdirected himself in law and on the facts and thereby came to a wrong conclusion when he held as follows: