Chief Taye James & Ors V. The Nigeria Security And Civil Defence Corps & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Federal High Court Akure delivered on the 3rd March 2011 declining, jurisdiction to entertain the Appellants’ application for enforcement of their fundamental rights on the ground of lack of jurisdiction and striking out the suit.

The Appellants who were Applicants pursuant to the leave granted them by the Lower Court to apply to enforce their fundamental right brought a motion on notice under Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 1979 against the Respondents praying for the following:

A DECLARATION that the arrest of the 3rd, 4th, 5th and 6th applicants in the course of their lawful and civil business by the men and officers of the 1st respondent at Owo-Ilesha Road, Akure in Ondo State at about 9pm on Monday 7th July 2008 without any just cause is wrongful, illegal, unconstitutional and amount to a violation of the 3rd, 4th, 5th and 6th applicants’ fundamental rights to liberty and freedom of movement guaranteed by sections 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

A DECLARATION that the detention of the 3rd to 6th applicants by men and officers of the 1st respondent at their office situate at Alagbaka, Akure in Ondo State for 3 days without any just cause is wrongful illegal unconstitutional and amount to outright violation of the 3rd to 6th applicants’ fundamental rights to personal liberty and freedom of movement guaranteed by sections 35 and 41 respectively of the Constitution of the Federal Republic of Nigeria, 1999, and Articles 6 and 12 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap A9 Law of the Federation of Nigeria, 2004.

A DECLARATION that the beating, torture, inhuman and degrading treatment meted out on the 1st applicant, who was already suffering from high blood pressure and diabetes, by the men and officers of the 1st respondent namely the 5th to 12th respondents and others unknown at the respondents’ office situate at Alagbaka, Akure in Ondo State is wrongful, illegal, and unconstitutional and amount to violation of the 1st Applicant fundamental right to dignity of human person guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

DECLARATION that the seizure and detention of the 1st applicant’s Diana Truck with Registration Number XF 504 AKR, Chassis Number JTIPOBU509101291 and Engine Number 138 – 0802884, and 1000 litres of diesel lawfully purchased at NNPC Mega Station, Owo-Ilesha Road, Akure on Monday July 7, 2008 for a period of 10 days without any just cause by the men and officers of the 1st Respondent at their office situate at Alagbaka, Akure is wrongful, illegal, unconstitutional and amount to violation of the 1st applicant’s right to own moveable property guaranteed by section 44 of the Constitution of the Federal republic of Nigeria, 1999 and Article 14 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

A DECLARATION that the beating, torture, detention, inhuman and degrading treatment meted out on the 2nd applicant by the men and officers of the 1st respondent at the respondents’ office situate at Alagbaka Akure in Ondo State on Tuesday July 8 and Wednesday July 9, 2008 is wrongful, illegal and unconstitutional and amount to a violation of the 2nd applicant’s fundamental rights to personal liberty, freedom of movement and dignity of human person guaranteed by sections 35, 41 and 34 respectively of the constitution of the Federal Republic of Nigeria, 1999 and Article 6, 12, 54 and 5 respectively of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

A DECLARATION that the seizure and detention of the 1st applicant’s Peugeot 206 car with Registration Number NH 967 AAA and Chasis No 32AK6F847661038 for a period of 9 days by the men and officers of the 1st respondent at their officer(sic) situate at Alagbaka, Akure in Ondo State is wrongful, illegal and

unconstitutional and amount to a violation of the 1st plaintiff’s fundamental right to own moveable property guaranteed by section 44 of the Constitution of the Federal republic of Nigeria, 1999 and Article 14 d the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria, 2004.

The sum of N770,585.00 (Seven Hundred and Seventy Thousand Five Hundred and Eighty Five Naira) in favour of the 1st applicant against the respondent being special damages for personal loss, loss of properties and loss of earnings and expenses.

Particulars of Special damages:

1. N25,000.00 daily being the average earning of the 1st applicant’s Diana Truck which was lost as a result of the unlawful detention of the truck by the respondents and amounting to N250,000.00.00.
2. N30,000.00 being the cost of the lace material worn by the 1st applicant on July 8, 2008 and torn by the officers of the 1st respondent.
3. N150,000.00 being the cost of Nokia N931 of the 1st applicant which was destroyed by the 5th respondent.
4. N35,000.00 being cost of Nokia 3230 of the 1st applicant which was damaged by the 6th respondent.
5. N38,800.00 being the money in the trousers pocket of the 1st applicant which was lost in the course of being beaten and rough-handled by the officers of the 1st respondent.

The Respondents by a counter affidavit dated 18/2/2009 opposed the application. The counter affidavit of the Respondents elicited a further affidavit dated 27th March 2009 from the Appellants: The Respondents again reacted to the further affidavit by filing a further counter affidavit dated 1st April 2009.

Briefly, the case of the Appellants as contained in the affidavit in support of the application was that the 3rd – 6th Appellants on or about the 7th July 2008 were arrested by men of the 1st Respondent and (locked up) detained. The vehicle in which they were travelling was impounded with 1000 litres of diesel. While the 1st Appellant and his son 2nd Appellant were pleading for the release of the 3rd – 6th Appellants, the vehicle and the 1000 litres of diesel, the 2nd Appellant received severe beating! While trying to rescue the 2nd Appellant, the 1st Appellant fell into mud and he was dragged in the mud beaten and teargas was released into his face.