Bernard Anogwie & Ors V. Ebere Odom & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the Judgment of the High Court of Imo State, in suit No. HOW/401/2014, delivered on 23rd June, 2014 by Hon. Justice B.B. Ukoha, wherein the trial Court granted the reliefs sought by the Applicants (Appellants herein), except relief 5, which sought N10,000.000.00 (Ten Million Naira) as damages for unlawful detention and torture. The appeal is therefore against only that part of the decision of the Lower Court, refusing to grant Applicants? relief, No. five (5).

The claims at the Lower Court were by originating motion, for enforcement of Fundamental Rights, and the Reliefs were:

“(1) A declaration? that the arrest and detention of the 1st – 4th Applicants by the Respondents from 29th May, 2014 till date, for a civil claim made by the 1st Respondent against the Applicants, was done without lawful justification and contravenes Section 35 of the Constitution of the Federal Republic of Nigeria 1999, as amended and Article 6 of the African Charter on Human and People?s Rights (Ratification and Enforcement Act) (sic).

(2) An

order? for immediate release of 1st – 4th Applicants who have been in Prison detention from 29th May, 2014 till date for it contravenes Section 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

(3) A declaration? that the decision taken by the Respondents against the Applicants that Applicant pay to the 1st Respondent a total of N1,817,605.00 while in the Police Cell without giving the 1st – 4th Applicants any opportunity to defend themselves is unconstitutional and contravenes Section 36 (1) of Nigeria 1999 as amended and Article 7(1) (b) and 7 (2) of the African Charter on Human and Peoples Rights (and (sic) Ratification and Enforcement) Act.

(4) A declaration? that the agreement extracted from the 1st – 4th Applicants by the Respondents to pay the sum of N1,817,605.00 (out of which the 1st – 4th Applicants have paid N189,000.00 to 1st Respondent while under Police detention) was obtained by torture, cruel, in human and degrading treatment and contravenes Article 5 of the African Charter on Human and

Peoples Right (Ratification and Enforcement (sic).

(5) (5) The sum of N10,000,000.00 (Ten Million Naira) being damages suffered by the 1st – 4th Applicants for unlawful detention and torture of their persons from 29th May, 2014 till date.

(6) A perpetual injunction restraining the Respondents from further arresting or detaining the Applicants for any matter connected with the fact of these proceedings, unless upon fresh facts which disclosed reasonable ground of commission of a crime know to law?.

See pages 5 and 6 of the Record of Appeal.

The grounds for the reliefs sought were disclosed on pages 6 – 7 of the Records of Appeal and the same were repeated in the Applicants? affidavit, in support of the application. The summary of facts, in a nutshell, shows that the 1st Respondent reported a case of conspiracy to commit fraud, fraud and stealing of the sum of (N2,300,000.00) against the Applicants to the Police. Applicants were the Promoters and leaders of Ugiri Progressive Union Weekly Contribution Okigwe Branch. The Okigwe Divisional Police Unit, of which the 2nd Respondent was the investigating Police Officer (IPO) effected

the arrest of the Applicants on 10/2/14, took statement from them, claiming that Applicant?s admitted criminal implication and that they pleaded that criminal charge be suspended, gave them one week to settle with 1st Respondent, by paying through the Police the said debt. They invited the Applicants back to the Police station in May, 2014, claiming they (Applicants) defaulted and detained them; forced them to sign agreement to settle the 1st Respondent?s claim and to made a down payment of N189,000.00, through the Police to the 1st Respondent. The Police claimed Applicants made the payments and undertaking, voluntarily, while they (Police) suspended arraignment of the Applicants and gave him time to complete the payment to the 1st Respondent, and they (Police) therefore released Applicants on bail, to go and comply with the undertaking.