Chairman, Chief Executive National Drug Law Enforcement Agency (Ndlea) Headquarters, Lagos & Ors V. Mr. Christian Umeh & Anor (2018)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C. 

The suit leading to this appeal originated as an application by Mr. Christian Umeh (now respondent) for the enforcement of his fundamental rights brought pursuant to the Fundamental Rights (Enforcement Procedure) Rules 1979 in which he claimed the following reliefs:-

(i) A declaration that the arrest, detention and seizure of the Applicant’s ECOWAS passport by the 2nd to 4th Respondents at the request of the 1st respondent between the 10th day of April, 2002 and 21 day of May, 2002 of the cell of the 2nd respondent in Ogbor-Hill, Aba is illegal, otiose and misuse of government power since the 2nd to 4th respondents are not debt recovering agency and consequently an infraction on the fundamental rights of the applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999 and the African Charter on Human and Peoples Rights.

(ii) A declaration that the seizure of the Applicant’s goods valued at 4.2 million by the Respondents since the unlawful and unconstitutional arrest, detention, seizure of his goods, locking up of his store and

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intentional infliction of emotional distress on the Applicant engineered by the Respondent and executed by other Respondents since the 11th day of April, 2002 till date is illegal and an infraction on the fundamental rights of the Applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999.

(iii) A declaration that the closure and locking up of the Applicant’s store by the Respondents since the 17 day of April, 2002 till date and with the oral injunction placed on the store by the 2nd to 4th Respondents on the instruction of the Respondents is unconstitutional and on infraction on the fundamental rights of the Applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999.

(iv) A declaration that the threat to kill the applicant by hired assassins before March, 2003 ending made by the 1st Respondent is illegal and barbaric.

(v) An order compelling the Respondents to pay 4.2 million the cost price of the goods carried or converted since the 14th day of April, 2002.

(vi) An order of injunction restraining the Respondents by themselves, their agents, servants privies or anybody acting for or through them from

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detaining, harassing, intimidating, oppressing or kitting the applicant except by means provided by the 1999 Constitution of the Federal Republic of Nigeria.

(vii) An order compelling the respondents jointly and severally to pay the applicant the sum of 3 million (Three Million Naira) being special and general damages for the unlawful and unconstitutional arrest, detention, carting away of his goods and intentional infliction of emotion distress on the applicant engineered by the 1st respondent and executive by other respondents.

At the trial Court, Mr. Chika Anakwe who was 1st respondent, had written a petition to the National Committee on Financial Crimes, which the applicant annexed as Exhibit FA1 to the further affidavit, wherein he stated:-