Chief Effiong Otu Bassey & Ors. V. Chief Ekpenyong Afia & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

M. A. OWOADE, J.C.A.

This is an appeal against the Ruling of G. J. Abraham J. in Suit No. HKN/Misc.10/2005 at the Ikono Judicial Division, of the High Court of Akwa Ibom State delivered on 27th April, 2006.

The Appellants in this appeal were the 2nd – 16th Respondents before the lower court. The 1st set of Respondents (that is the Applicants/Respondents) were the three Applicants before the lower court. The 2nd set of Respondents (that is the 4th – 6th Respondents in this appeal) were respectively the 17th – 18th Respondents and the 1st Respondent before the lower court.

In the court below, the 1st set of Respondents as Applicants brought an application for leave to enforce their Fundamental Rights as against 18 Respondents (now the Appellants and the 2nd set of Respondents). The leave to enforce fundamental rights was granted to the Applicants/Respondents. Consequently, by a motion on notice dated 11th day of April, 2005, the Applicants/Respondents in the statement of support of motion sought the following reliefs:

(i) A declaration that the arrest, torture, detention and harassment of the 1st and 2nd Applicants and continuous threat to arrest and detain the 3rd Applicant and the subsequent harassment and frequent invitations of the Applicants as evidenced in the letter of 5/11/2004 issued by and under

the authority of the 17th and 18th Respondents at the instance of the 1st – 16th Respondents and further threat of detention are without legal justification and amounts to an infringement of the fundamental rights of the Applicants and is contrary to Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999.

(ii) An order directing the Respondents to jointly and severally pay the sum of N10,000.000.00(sic) (Ten Million Naira) to the Applicants as damages for the violation and threat of violation of the fundamental rights of the Applicants.

(iii) An order directing the Respondents jointly and severally to offer public apology via a written letter addressed to the Applicants and copies (sic) to the Village Council of Ebo-Ita Mbonuso in Ini Local Government Area.

(iv) An order of injunction restraining the Respondent, their agents, privies, subordinates from further arrest, detention, threats of arrest or harassments of the Applicants in connection with the subject matter of this suit.

(v) And for such further and other orders as this honourable court may deem expedient to make.

This was followed by a 19 paragraph statement of grounds upon which the above reliefs were sought.

The facts of the case are as follows. The Appellants and the Respondents belong to the same community. The 2nd – 16th Respondents/Appellants accused the Applicants of destruction of Shrines belonging to the community. This coincided with a time when the entire community allowed some students of the Community who were at the University of Uyo to hold a Christian Crusade in the villages comprising the Community members. Members of the community including the 2nd – 16th Respondents/Appellants reprimanded the Applicants/Respondents in a Village Council meeting and asked them to pay fines for desecrating the community shrines. Alongside, this development, the 1st – 16th Respondents at the lower court (which includes the 2nd – 16th Respondents/Appellants) in this court withdrew an initial petition/Report lodged by the 2nd – 16th Respondents/Appellants to the Divisional Police Headquarters, Odoro Ikpe on the issue of destruction of Community shrines against the Applicants.

On 26/8/2004, the Appellants wrote Exhibit ‘CC’ to the Commissioner of Police, Akwa Ibom State. Exhibit “CC’ is a letter/petition signed by the 2nd – 16th Respondents/Appellants as Ebo village Council Chiefs alleging that the 1st and 2nd Applicants hired some members of armed students cultists from University of Uyo to Ebo village to destroy and set ablaze shrines and other valuables and urged the Commissioner of Police to withdraw the matter from the D.P.O. for proper investigation.

Consequent on Exhibit “CC’, the Police from the State Police Headquarters arrested the 1st and 2nd Applicants and later released them on bail. The Applicants were kept in the Police Station from 11.00 a.m. to 7.00p.m. After that day, subsequent invitations were served on the Applicants by the Police for investigation.