Chairman Economic And Financial Crimes Commission & Anor V. David Littlechild & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Lagos Division delivered by M.B. IDRIS J. on the 12th day of July, 2010.

The Appellants’ case is that sometime in June 2010 the 1st Appellant received a petition written by one Mr. John Fashanu alleging that the 1st Respondent defrauded him of a total sum of 287,000 which was to be used to establish a Duty Free Shop at the Murtala Mohammed International Airport in Nigeria on the understanding that the said John Fashanu will be given a stake in the business, but unfortunately the 1st Respondent converted the said sum of ?287,000 to his own personal use.

The Economic and Financial Crimes Commission (EFCC) acting on the said petition commenced investigation into the case and the 1st Respondent was invited for interrogation during which he was granted bail on certain conditions, but instead of perfecting the terms of the bail the 1st Respondent through his counsel applied to the Lower Court for his release and on 7-7-2010 the Lower Court directed that the 1st Respondent be released on bail on the conditions given by the Appellants pending the Judgment fixed for 12-7-10.

However, in the said judgment delivered on 12-7-10, the Lower Court held that the 1st Respondent’s detention was unlawful, null and void and awarded N10 Million damages against the Appellant for unlawful detention of the 1st Respondent and sealing of the Duty Free Shop at Murtala Mohammed International Airport, Lagos. Their grouse is that the Lower Court had earlier on 7-7-10 ruled that the bail earlier granted to the 1st Respondent by the Appellants on 23-6-10 suffices and he should fulfill the conditions given to him. There is also no evidence that the Appellants were involved in the sealing of the Respondents shop.

The process that gave rise to the said judgment of the Lower Court was an application for enforcement of fundamental rights brought by way of originating motion by the Respondents and dated and filed on 1st July, 2010. Wherein they sought the following reliefs against the Appellants:-

i. A DECLARATION that the arrest and detention of the 1st Application on the 23rd June, 2010 till date by the 1st – 3rd Respondents upon the active instigation of the 4th Respondent is illegal, unconstitutional, null and void and a breach of the 1st Applicant’s rights to freedom of movement and personal liberty as guaranteed by the provisions of Sections 34, 35, 44 and 46 of the Constitution of the Federal Republic of Nigeria 1999.

ii. A DECLARATION that the continued harassment, intimidation of the Applicants by the 1st – 3rd Respondents upon the active instigation of the 4th Respondent from 23rd June, 2010 to date is illegal, unlawful, unconstitutional, null and void which act is contrary to the fundamental rights of the Applicants as guaranteed by the Constitution of the Federal Republic of Nigeria, 1999.

iii. A DECLARATION that the claimed transaction between Business Mart UK Limited and the 4th Respondent which is the complaint and subject matter of this application is at best a commercial/civil transaction and ultra vires the powers of the 1st – 3rd Respondents. It is unlawful for them to harass, arrest and detain the 1st Applicant for the purpose of recovering debts or securing performance of any claimed commercial/civil obligations to the 4th Respondent, or any other persons.

iv. A DECLARATION that it is unlawful and an abuse of office for the 1st – 3rd Respondents to recover any alleged debt or enforce any alleged obligation arising from a commercial/civil matter on behalf of the 4th Respondent against the Applicants or any person whatsoever.

v. AN ORDER enforcing the 1st Applicant’s right to personal liberty and freedom of movement by restraining the Respondents, their agents and privies from further harassing or detaining the 1st Applicant based on any allegations made by the 4th Respondent.

vi. AN ORDER OF PERPETUAL INJUNCTION restraining all the Respondents, their agents, privies, servants etc from harassing, arresting, detaining the 1st Applicant or seizing the 1st Applicant’s passport and/or interfering in any way with the personal liberty of the 1st Applicant and or locking up the Applicants Duty Free Shop at the Murtala Mohammed International Airport, Ikeja, Lagos, Nigeria.

vii. The sum of N100, 000,000.00(One Hundred Million Naira Only) being damages payable by the Respondents jointly and severally for the unlawful arrest, detention, harassment, intimidation of the Applicants and locking up of the Applicants Duty Free Shop, at Murtala Mohammed International Airport, Ikeja, Lagos by the 1st, 2nd, 3rd and 5th Respondents upon the active instigations of the 4th Respondent.

viii. And for such further Order or Orders as this Honourable Court may deem fit to make in the circumstances of this application.