Casmir Obok & Ors V. Chief Christopher Agbor & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of High Court of cross River State, Obubra Division in suit Nos. HB/3/2009, HB/4/2009, HB/5/2009 and HB/6/2009 (consolidated), presided over by Hon. Justice Adie Onyebueke, delivered on March 28, 2011 in which the trial Court granted declaratory reliefs, aggravated damages and the sum of N20,000.00 daily as demurrage from January 13, 2009 to May 26, 2009 to the Respondents.

The facts leading to this appeal as discernable from the Record of Appeal disclose as follows: by virtue of the Forest Law, Cap F5, Laws of Cross River State, 2004, the logging and exploitation of forest produce in Cross River State is controlled. A task force was created to monitor and enforce compliance of the said Law with the 1st Appellant appointed the Special Adviser, Special Duties and the Chairman Task force on Anti-Deforestation to oversee the activities of the task force. The Respondents who are timber dealers, sought for and obtained clearance on January 12, 2009 from the 1st Appellant to evacuate their woods which had been lying in the forest before the

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ban on exploitation of forest produce came into effect. The clearances were valid for January 13 and 14, 2009. The Appellants alleged that instead of evacuating the already sawn logs of wood allowed by the clearance, the Respondents harvested and loaded freshly sawn logs of wood. The Respondents were arrested and their vehicles, as well as the loaded freshly sawn logs of wood, were impounded. The vehicles were subsequently released to the Respondents. In reaction to the arrest and impounded items, the Respondents brought separate actions against the Appellants jointly and severally seeking the following orders:

(I) A declaration that the Claimant as a citizen of Nigeria has a right to engage in timber business in accordance with relevant laws and regulations governing the trade.

(II) A declaration that the Defendants have no right or colour of right to stop the claimant from conveying his wood to destinations within Cross River State and other states in Nigeria after meeting all the conditions stipulated by the Defendants.

(III) A declaration that the arrest and detention of the Claimant’s wood and lorry is capricious, whimsical, unlawful,

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unconstitutional rights of the Claimant.

(IV) An order for the immediate and unconditional release of the Claimant’s wood and vehicle.

(V) The sum of N50,000.00 (Fifty Thousand Naira) as demurrage for each day the vehicle is detained.

(VI) N10,000,000.00 (Ten Million Naira) being aggravated damages.

(VIII) N100,000,000.00 (One Hundred Million Naira) general damages.