Commandant-general, The Nigeria Security And Civil Defence Corps & Anor V. Emmanson Ukpeye (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The Commandant-General, Nigeria Security and Civil Defence Corps and the Cross River State Commandant of the Corps have lodged an appeal against the judgment of Hon. Justice A. Ademola of the Federal High Court, Calabar Cross River State delivered on the 11th day of June, 2010 in favour of the Respondents couched in the following manner at page 95 lines 18 to page 96 lines 1-16 of the printed record to wit:

“(D) DEPOSITION:

The Plaintiff’s case succeeds in their entirely (sic) against the Defendants and this Court grants his claims as follows:

1. An order is hereby made declaring the entry into the private residence of the Plaintiff at No.4 Essien Lane, Calabar and carting away and illegally impounding of the Plaintiff’91s tools of trade including (a) 1 No. 33kv pot insulator (b) 1 No. Disc insulator (c) 8 No. piece of conductor and stay wire (d) ‘bd drum of bare AL conductor 100mm (e) 2 No. pieces of 3″ steel pipe and other items by the 1st and 2nd Defendants, and their agents are unconstitutional and illegal.
2. An order is hereby made directing the Defendants to apologise publicly to the plaintiff through the National Newspapers, NTA and CRBC TV.
3. Five Million (N5, 000,000.00) damages is hereby awarded against the Defendants for defamation of character and wrongful detention of Plaintiffs property i.e. tools of trade from 24-07-2009 till date despite demands.
4. It is further ordered that the items listed in paragraph 16(1) of the statement of claim be returned to the Plaintiff by the Defendants and their agents forthwith.
5. N10, 000.00 (Ten thousand Naira) costs also awarded against the Defendants in favour of the Plaintiff.”

Five grounds accompany the Notice of Appeal filed on the 17th day of June, 2010 from which the learned Counsel for the appellants distilled four issues for determination in paragraph 3.1-3.4 of the Appellants’ Brief of Argument filed on the 25-03-2011. The Respondent’s Brief of Argument was filed on 13-04-2011. Learned Counsel to the Respondent set out two issues for determination at page 2 of the Brief of Argument. Before considering the issues for determination I shall set out the facts that culminated into Mr. Usen Emmanson Ukpeye (hereafter referred to as “the Respondent) instituting this suit against the appellants on 15-09-2009 before the Federal High Court, Calabar, Cross Rivet State (hereinafter called ” the appellants”)

The suit was contested in the lower Court on pleadings and sworn deposition. The Respondent’s case is that he is an Electrical Contractor and the Executive Director of Empovin Consult Ltd. of No.4 Essien Lane, Calabar South, Cross River State of Nigeria. The company is a licensed Electrical/Civil/Mechanical Engineers and is an Ago-Allied Management Consultant. The Respondent is also a registered member of the Licensed Electrical Contractors Association of Nigeria, Cross River State Chapter. On the 23-06-2009 the Respondent was away to Odukpani Local Government Area of Cross River State, when the appellant’s officers led by one Mr. Amachi invaded his residence at No.4 Essien Lane, Calabar South, Cross River State searched and carted away his tools of trade. On receiving this information the Respondent returned to Calabar South and on the 24-06-2009 reported at the office of the appellants at New Airport Road, Calabar South Local Government Area of cross River State. The Respondent presented photocopies and original receipts and waybills to Mr. Amachi and further confirmed the quantity of the items carted away by the appellants, officers.

On 26/06/2009 Mr. Amachi invited the Respondent to the office of the 2nd appellant in Calabar where he met a Crew from the NTA 9, CRBC Television and pressmen. The Respondent was presented to the press as a thief and the seized equipments as exhibits of vandalized public properties. This was in the presence of the Commandant-General (1st appellant) who was visiting Cross River State at that material time in question. The event was broadcast on NTA 9, CRBC, Cross River State Radio from 28-06-2009 up to 01-07-2009. That the Respondent’s customers, business associates, and members of the public heard the broadcast and regarded the Respondent as responsible for most of the vandalization that had occurred in Power Holding Company Plc and other electrical installations in the state. The invasion of the Respondent’s residence was without any search warrant. The items carted away were (a) 1 No. 33kv pot insulator (b) 1 No. Disc Insulator (c) 8 No. piece of conductor and stay wire (d) ‘bd drum of base AL conductor 100mm (e) 2 No. piece of 3 steel (sic) pipe and other items. The Respondent pleaded in paragraph 11 of the Statement of claim as follows:

“11. The defendant in a press released to the news agency including NTA 9 Calabar, CRBC, and other media said of and concerning the plaintiff the following false and libelous words.

“One of the major tasks performed by the Nigerian Security and Civil Defence Corps is the security of lives and property as well as check vandalisation of public utilities.

Recently, officials of the Corps arrested a suspect in possession of high tension electrical cables and insulator on Essien Lane in Calabar South.

The suspect Usen Imanson Ukpeye an Electrical Contractor was alleged to be unable to explain how he acquired the equipment found in his premises and is being detained to give full evidence on the electrical equipment.”

The Respondent averred that by the said derogatory and defamatory words and publication the defendants embarrassed and exposed him to ridicule and contempt before the general public.

The defendants also lowered his estimation before his fellow electrical contractors. The appellants did not prosecute or try the Respondent in any court of law till date nor have they apologized despite the Respondents’ solicitor letter dated 03-07-2009. The Respondent averred that he had been greatly embarrassed and humiliated by the appellants’ false and defamatory statement published concerning him and broadcast on the NTA news, Calabar and other mass media. The Respondent alleged he suffered damages and claimed against the appellants as follows:

“16(1) An order declaring the entering of the private residence of the plaintiff at No.4 Essien Lane, Calabar and carted away and illegally impounded the plaintiff’91s tools of trade including (a) 1 No. 33kv pot insulator (b) 1 No. Disc Insulator (c) 8 No. Piece of conductor and stay wire (d) ‘bd drum of base AL conductor 100mm (e) 2 No. Piece of 3 steel pipe and other items by agents of 1st and 2nd defendants as unconstitutional and illegal.