Central Bank Of Nigeria & Ors V. Aite Okojie (2015)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The Respondent as Plaintiff sued the Appellants as defendants on a Writ of Summons and Statement of claim which reads:

“The Plaintiff claims against the Defendants jointly, severally or in the alternative as follows:

1. The sum of N10,000,000.00 (Ten Million Naira) being the sum for unlawful arrest, unlawful/wrongful detention, Malicious prosecution and abuse of Legal process.
2. And for such further orders the court deems fit to meet with the Justice in this case.

The Plaintiff filed a thirty-five paragraph statement of defence on the 10th day of February 1997.

The Appellants i.e. the 1st and 2nd Defendants filed a 4 paragraph statement of defence on the 5th day of March, 1997.

The 3rd to 7th Appellants as the 3rd to 7th Defendants did not file a statement of defence.

At the trial which commenced on the 21st day of January, 1998 it was only the Respondent as Plaintiff who testified in support of his case. Documents were admitted in evidence as Exhibits A, A1, A2, B, B1, C, C1, C2, D, E, F, G, H, J, K, L and M. Learned counsel for the 1st and 2nd Defendants Mr. Adesami barely cross-examined the Plaintiff. The 3rd to 7th Defendants did not join issues with the Plaintiff and did not file a written address. It was only the Plaintiff and the 1st and 2nd Defendants counsel who filed written address. In a well considered judgment delivered on the 27th day of August, 1998, judgment was entered in favour of the Plaintiff. The judge said:

“I therefore hereby award exemplary and general damages to the Plaintiff against the defendants in the sum of N6, 500,000.00 (Six Million Five Hundred Thousand Naira) with 6% interest rate per annum until the whole judgment debt is entirely liquidated…”

The Appellants and the 2nd to 6th Respondents as Appellants lodged an appeal before the Court of Appeal, Lagos Division. In a considered judgment delivered on the 15th day of March 2004, the Court of Appeal affirmed the decision of the trial Federal High Court and dismissed the appeal. This appeal is against that judgment. At the hearing of the appeal on the 9th day of March, 2015. Learned counsel for the 1st and 2nd Appellants Mr. R. Oguneso, SAN adopted his brief filed on the 15th day of November 2013 and urged this court to allow the appeal.

Learned counsel for the 3rd to 7th Appellants Mr. C.I. Okpoko adopted his brief filed on the 5th day of November 2004. He urged this court to allow the appeal.

Learned counsel for the Respondent, Mr. O. Okoje filed two briefs as follows:

(a) Respondent brief filed on the 20th of January 2014 in response to 1st and 2nd Appellants’ brief.

(b) Respondent’s brief duly filed and served on the 9th day of March 2015, in response to the 3rd to 7th Appellants brief.

He urged this court to dismiss the appeal.