Emmanuel Nwokorie & Ors V. Mr. Columba Opara & Ors (1998)

LawGlobal-Hub Lead Judgment Report

ATINUKE OMOBONIKE IGE, JCA

This is an appeal by the defendants against the Ruling of Ojutalayo J. of the Federal High Court Kano delivered on

3/6/94 in Suit No. FHC/CS/18/M1/94. The substantive suit was brought by the 3 plaintiffs/applicants against the Commissioner of police and 6 others by way of a Motion on Notice praying for the following orders:-

“1. An order granting the applicants the enforcement of their fundamental human rights as guaranteed by the Constitution.

2. An order granting unconditional bail to the applicants.
3. An order granting the applicants compensation assessed at N50, 000.00 each for deprivation suffered since 10th March 1994 till date.
4. An order directing the 1st, 2nd and 3rd respondents and their agents or subordinates, to desist from further harassment of the applicants.”

It is pertinent at this stage to mention that there had been an earlier report of an armed robbery case in March 1994 in Dala Local Government Area of Kano state.

During Police Investigation, the 3 applicants along with others were arrested in connection with the armed robbery. The respondents were detained in custody for over a month without being charged to court. Later they were arraigned before a Magistrate Court for armed robbery who refused to grant them bail. The respondents then brought the above action to the Federal High Court Kano to enforce their fundamental human rights.

In their supporting affidavit to the application the respondents stated that their arrest and subsequent detention by the police was as a result of a conspiracy by the appellants to falsely implicate them in a charge of robbery.

The appellants denied the allegation in their own counter affidavit.

On 12th May 1994 the appellants by way of a motion challenged the competence of the respondents’ suit and the jurisdiction of the lower court to entertain same.

The Commissioner of Police Kano State and 2 other filed a notice of preliminary objection to the suit challenging the jurisdiction of the lower court on the following grounds:-

“1. That the Federal High Court has no jurisdiction to entertain armed robbery offence and matters related thereto.

2. That it is only the Robbery and Fire Arms Tribunal that is competent to hear matters related to armed robbery.”

During the pendency of the action one of the applicants died.

The two applications were argued together and in addition the lower court was urged to strike out the names of the appellants as being improperly joined in the suit as well as the remaining respondents for being non-juristic persons.

The learned trial Judge on 3rd of June 1994 delivered a Ruling wherein he struck out the names of the 2nd, 3rd & 8th respondents i.e. the D.P.O., Sabon Gari Police Station, D.P.O., Dala Police Station and the Attorney-General of Kano State. He also dismissed the other objections as to competence of the suit against the appellants as well as the issue of jurisdiction.