China Civil Engineering Construction Corporation Nigeria Limited (CCECC Nig. Ltd) & Ors v. Abdul-akeem Bello & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BINTA FATIMA ZUBAIRU, JCA (Delivering the leading judgment)

This appeal is against the judgment of the Federal High Court of Nigeria, Holden at Abeokuta, Ogun State, delivered by Honorable Justice Ibrahim Watila on the 12th day of December, 2018, in suit No: FHC/AB/89/2018, wherein judgment was entered in favour of the respondents against the appellants. Dissatisfied with the decision, the appellants filed a notice of appeal on the 30th day of January, 2019, in which the appellants set out five (5) grounds of appeal.

The facts of this appeal can be briefly summarized thusly: The action was commenced by an originating motion and filed on the 27th day of July, 2018.

The applicant now 1st respondent in this appeal instituted Fundamental Right Enforcement suit against the 3rd 6th respondents now 1st – 4th appellants.

The judgment of the trial court was eventually delivered in favour of the applicant now 1st respondent on the 12th day of December, 2018, which led to this appeal.

The reliefs sought by the applicant who is now the 1st respondent, as stated in the originating motion dated 27th day of July, 2018 is as contained in the record of appeal thus;

a. A declaration that the applicant is entitled to dignity of his person as guaranteed under section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)

b. A declaration that the applicant is entitled to his personal liberty as guaranteed under section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) has been infringed and violated by the respondents.

c. A declaration that the applicant right to dignity of human person and right to his personal liberty as guaranteed under section 34(1) and section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) has being infringed upon and violated by the respondents.

d. A N10,000,000:00 (Ten million naira] exemplary and aggravated damages against the respondents jointly and severally being damages for the illegal detention and torture of the applicant .

e. An order of court mandating the respondents to tender unreserved apology to the applicant via a national newspaper publication in Nigeria.

f. An order restraining the respondents their privies and agents from further unlawfully detaining the applicant.

Upon being served with the originating process and other processes by the applicant/1st respondent, the 3rd to 6th respondents reacted by filing counter affidavit and written address dated and filed 17th day of October, 2018.

Sequel to the above, from the record of proceedings of the trial court, it is crystal clear that the 1st and 2nd respondents (3rd 4th respondents in this appeal) did not appear neither did they file any defense. The trial court thereafter entered judgment in favour of the applicant (now 1st respondent).