Attorney General Of Lagos State V. Mamman Keita (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

The appeal is against part of the decision of the High Court of Justice of Lagos State (the Court below) awarding N7 million against the appellant and the Commissioner of Police, jointly and severally, for the infringement of the respondents fundamental right to personal liberty.

Put in a nutshell, the facts that led to the appeal emerged in this way. The respondent, a ram merchant, from Niger Republic (a Nigerian) came to Lagos to sell rams. Some Street urchins/hoodlums attacked him with broken bottles and extorted money from him. Some of them escaped. One of the attackers was however, unable to escape with the others. He drew a knife and stabbed the respondent who struggled and overpowered him and stabbed him with the knife.

It was at that stage that some policemen came to the scene. The police arrested the respondent. The attacker was taken to a hospital. He died at the hospital of the knife injury inflicted on him by the respondent. The police detained the respondent before he was taken to a Magistrate Court for the offence of manslaughter. The respondent was remanded

in prison custody by the magistrate. He stayed on remand for over 10 years without trial and/or awaiting his trial.

Fundamental rights proceedings were brought against the Commissioner of Police as the 1st respondent and the appellant as the 2nd respondent at the Court below. The Commissioner of Police and the appellant did not file affidavit evidence countering the case of the respondent that he was detained in prison without trial for over 10 years for the offence of manslaughter.

The Court below accepted the one way affidavit evidence of the respondent upon which it awarded N7 million compensation to the respondent against the appellant and the Commissioner of Police, jointly and severally. The N7 million award was enforced by garnishee proceedings against only the appellant; hence the present appeal by the appellant alone.

In a brief of argument filed on 06-02-15, but deemed as properly filed on 29-09-15, the appellant distilled a single issue for determination from the two grounds of appeal contained in the notice of appeal filed on 23-02-12 vide pages 55- 57 of the record of appeal (the record) thus “Whether the Appellant is liable for

the detention of the Respondent who was arrested and detained by the Nigeria Police without proper arraignment

Citing Sections 2(2), 4(3), 211 and 215(2) of the Constitution of the Federal Republic of Nigeria 1999, as amended, (1999 Constitution) read with Sections 4 and 23 of the Police Act Cap, P.19 Laws of the Federation, 2004 (Police Act) as well as Section 74 of the Administration of Criminal Justice Law, 2011, of Lagos State which the appellant enjoined should be given their natural and ordinary meaning vide Global Excellence Communications Limited v. Duke (2007) 7 SC (pt.11) 162, Ojokolobo v. Alamu (1987) 3 NWLR (pt.61) 377 and N.E.W. Ltd. v. Denap Ltd. and Anor. (1997) 10 NWLR (pt.526) 481 at 523, the appellant submitted that the intention of the constitutional and the statutory provisions (supra) is to place the Attorney-General in charge of public prosecutions and not investigation and detection of crime which is the statutory responsibility of the Nigeria Police vide Onyekwere v. State (1973) 8 NSCC 250 at 255, Umoera v. COP (1977) 7 SC 13; that there is strict separateness of powers and functions between the Nigerian Police and the office ofCourts & Judiciary

the Attorney-General vide Nwankwo v. Queen (1959) 4 FSC 274 and Sanusi v. Ayoola (1992) 23 NSCC (pt.111) 420 at 430; that, although the office of the Attorney-General occupies a very special position in the scheme of governance, cases brought to Court by the Police without forwarding duplicate case files with respect to them for the purpose of issuance of legal advice cannot be said to be within the constructive knowledge and control of the office of the Attorney-General vide Attorney-General of the Federation v. Ajayi (1996) 5 NWLR (pt.448) 283 at 290 and Section 74 of the Administration of Criminal Justice Law of Lagos State 2011 (ACJL); consequently, it was contended by the appellant that the Court below was wrong in holding that the office of the Attorney-General of Lagos State was accountable for all matters and issues relating to remand proceedings which is a ministerial responsibility based on strict liability and not dependent on the knowledge of the pending proceedings by the Attorney-Generals office; therefore it was finally urged that the over 10 years incarceration of the respondent in remand prison custody without trial had nothing to do

with the appellant who was wrongly held liable for the incarceration by the Court below.

It was accordingly urged that the appeal should be allowed and the portion of the judgment of the Court below which found the appellant liable for the incarceration of the respondent for 10 years on remand in prison custody should be set aside together with the N7 million compensation awarded by the Court below against the appellant.

The respondents brief of argument filed on 21-09-15, but deemed properly filed on 29-09-15, identified the following issue for determination