Chief Remigius Chidi Ariole V. Sergeant Paul Nwachukwu & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment)

The appellant is the plaintiff at the Federal High Court in Suit No.FHC/UM/CS/88/2003. He had in June 2003 taken out a writ of summons

against five defendants namely Sgt. Paul Nwachukwu, Commissioner of Police Imo State, Inspector General of Police, Police Service Commission, and Nigerian Police Council. In the writ of summons he prayed the Federal High Court as follows:

“1. A Declaration that it is unlawful for the Defendants to detain the Plaintiff’s tipper when no offence was committed with same.

2. The sum of N12,480,000.00 (Twelve Million Four Hundred and Eighty Thousand Naira) being special general damages for conversion.
3. The sum of N40,000.00 (Forty Thousand Naira) being loss of income on the tipper from the 10th day of June 2003 until the date of judgment in this case.
4. An order of perpetual injunction restraining the Defendants, their servants, agents or anybody acting on their instruction from detaining any other tipper or property belonging to the Plaintiff when same was not used to commit any offence.”

By a notice of withdrawal dated 6th April 2004 but filed on 19th April 2004 the appellant withdrew against the 5th defendant, the Nigerian Police Council. The matter suffered several adjournments due mainly to the series of transfer of the judges in the Umuahia Division of the Federal High Court. Finally on 27th October, 2008 the plaintiff put his first witness PW1 in the witness box.

Plaintiff’s counsel wanted the witness to testify in Igbo. This was resisted by the trial judge on the ground that the witness had made his written deposition in English. Plaintiff’s counsel then applied for an adjournment to regularize his processes to enable the witnesses testify in Igbo. The trial judge relied thus:

“Learned counsel for the 1st and 2nd Defendants is not opposed to the application.

And to avoid further delays in the speedy disposal of these proceedings I hereby strike out the names of the Inspector General of Police and Police Service Commissioner who are the 3rd and 4th Defendant in this suit as they do not seem to be necessary parties in these in these proceedings judging from the history of the case as well as the entire circumstances thereof.

The law is well settled that you do not need to be the party on record in any judicial proceedings in order to be bound by the decision of the Court at the end of the day.

With the agreement of Learned Counsel, this suit is adjourned until February, 2nd, 3rd and 4th, 2009 for continuation of hearing.

Signed

Judge

27th October, 2008

With the leave of this court granted on 17-1-2011 the Plaintiff filed his notice of appeal on 31-1-2011. The two grounds of appeal are set out hereunder: