Bishop Nyong Davis Ayakndue & Ors. V. Bishop E. E. Ekprieren & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Akwa Ibom State sitting at Uyo delivered on 27th July, 2011. The Appellants who were the 1st – 4th Respondents in the court below, being dissatisfied with the judgment filed a notice with 2 grounds of appeal on 15th August, 2011.

In brief, all the parties except the police officers were members of the same congregation – Mount Zion Light Full Gospel Assembly Church. On 17th October, 2011, the 2nd Appellant went to the 1st Respondent Church to introduce Apostle Peter Ekpo as the new pastor in charge of the Assembly. The 1st Respondent and the congregation who were opposed to the transfer resisted this move. A commotion thereafter ensued.

Police men intervened and invited all the factions to the Police Station. Their statements were taken and the 1st Respondent was released the following day. It appears that the 1st Respondent was invited several times and on each occasion was detained for several hours. The 1st Respondent after all the harassment felt aggrieved and took out an action in the High Court to enforce his Fundamental Rights. The 1st Respondent as Applicant claimed the following reliefs in the High Court:

“(a) A declaration that the acts of the Respondents Jointly and severally, in instigating, effecting and taking to the habit of stalling Church activities, arresting and detaining the Applicant severally without any disclosed criminal offence, in addition to making attempts to unlawfully and forcefully take over Mount Zion Light House Full Gospel Church Ikot Akpan Abia Assembly and depriving him of membership of this chosen church is unlawfully and amounts to infringement of the Applicants fundamental rights to personal liberty, freedom of movement, right to dignity of human person, freedom of worship and right to peaceful association and assembly.

(b) Injunctive order restraining the Respondents jointly and severally from further acts of infringement of Applicant’s right as it relates to this complaint.

(c) An order for the sum of N2,000,000.00 damages in favour of the Applicant against the Respondents jointly and severally.

(d) And for any further orders it may please the court to make in the circumstances of this case.”

After all the affidavit evidence, the trial Judge delivered his considered judgment and found for the 1st Respondent/Applicant in the following terms:

“1. I hereby declare that the acts of the 1st – 4th Respondents in setting the law against the applicant and causing his arrest during church service is unlawful and amounts to a violation of the applicant’s fundamental rights to personal liberty, freedom of movement and right to peaceful association and assembly.

2. I hereby issue an order of injunction restraining the respondents from further acts of infringement of the applicant’s rights in relation to his complaint.
3. The 1st – 4th Respondents are hereby ordered to pay to the Applicant as exemplary damages compensation of One Million Naira only.

I make no order as to cost.”

The 1st – 4th Appellants being dissatisfied filed their Notice and 2 grounds of Appeal. They also filed their brief of argument on 22nd November, 2011. The Appellants articulated just one issue for determination namely:

“Whether or not the learned Judge properly addressed the issues canvassed by the parties in the Court below and made findings on them before proceeding to hold that it was the Appellants who set the law against the Respondent and caused his arrest.”

The 1st Respondent filed no brief neither did the police officers. On the 5th November, 2012 when the appeal was listed for hearing, the Respondents were all served but did not put in any appearance nor indicated to the Court the reasons for their absence.