Economic And Financial Crimes Commission & Ors V. Philp Odigie (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment)

The Respondent along with his company – Philovia & Jason Engineering Co. Ltd, had filed an action against Nassertex Brothers and Sons Ltd. & Another for trespass on the former’s plot of land at Abuja, at the Federal Capital Territory High Court of Justice, Abuja. Another Company – Gastex Enterprises Ltd. was joined later as a party in the said action which had started to hearing.

However, while the suit was pending at the court aforementioned, the appellants, at the instance of Gastex Enterprises Ltd, arrested the respondent and detained him in Benin City from 24th November, 2004 to 25th November, 2004 before taking him to Abuja where he continued in the detention cell of the appellants up to 8th December, 2004 when he was released by the appellants.

In consequence of the above, the respondent, filed an application at the Federal High Court, Benin City, alleging a breach of his fundamental rights in respect of his arrest in Benin City on 24th November, 2004 in his residence at 10:30 pm and also his detention in Appellants’ cell at Aso villa, Abuja from 25th November, 2004 to 8th December, 2005 – which allegedly infringed on the respondent’s right to personal liberty and freedom of movement guaranteed under sections 35(1) and 41(1) of the constitution of the Federal Republic of Nigeria, 1999 (as emended). He also claimed the sum of N1, 000,000.00 only as general, special and exemplary damages for the infraction of his constitutionally guaranteed rights aforementioned.

The trial court, after hearing both parties, entered judgment for the respondent and awarded the sum of N100, 000,000.00 only to the respondent. He further ordered that neither the respondent nor any member of his family and staff should be arrested again by the appellants, in respect of this matter, pending the determination of the civil land matter at the Federal Capital Territory High Court, Abuja.

This appeal is against the judgment of C.V. Nwokorie, J., of the Federal High Court, Benin City, dated 9th December, 2005. The appeal is erected on five (5) grounds of appeal.

The appellants filed their brief of argument on 22nd March, 2010 and therein, three issues were formulated for determination, thus:-

ISSUE 1

“Whether the Federal High Court sitting at Benin City, Edo State had jurisdiction to entertain the Application for the enforcement of the fundamental right of the Respondent who was detained in the office of the Appellant at Abuja outside Benin City.

ISSUE 2

Assuming but without conceding that the Lower Court had jurisdiction to entertain the Application, whether the Lower Court used any parameter in arriving at N1, 000,000.00 as general damages against the Appellant in favour of the Respondent.

ISSUE 3

Whether the Lower Court was right to stop the performance of a statutory duty as to put a bar to preferring criminal charge when a case is still under investigation by the commission.”

The respondent’s brief of argument dated and filed on 19th August, 2010 was deemed filed on same date. In it, three issues were distilled for determination, to wit: