Eniang Edem Ekpo Ene & Ors V. Elder Bassey A. Bassey & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU. J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 9th February, 2011. In it the learned trial Judge granted the Applicants the following reliefs:

“1. It is declared that the threatened arrest of the 2nd and 3rd Applicants by the Police from the Force CID Annex, Alagbon Close, Ikoyi, Lagos is in breach of their constitutional rights provision and that such arrest will be illegal, unlawful and therefore null and void.

2. It is declared that even if any offence had been committed, the applicants are entitled to a trial within a reasonable time and that any threatened arrest of the Applicants is unlawful.
3. It is declared that the Applicants are entitled to move freely throughout Nigeria and to reside in any part thereof without inhibition or restriction of their liberty.
4. The Respondents are hereby restrained by order of injunction from further arrest or threat or detention without trial in connection or in relation to the subject matter of the instant proceedings.
5. That 1st Applicant is awarded N0.5m (half million Naira) general damages against 1st Respondent as reparation of his unwarranted and unjustifiable arrest and detention at the instigation and orchestration of the 1st Respondent, with costs of N50,000.00 inclusive of out-of-pocket expenses.”

Being dissatisfied, the Respondents filed this appeal as Appellants.

The facts of this appeal is that, the Respondents as Applicants in the Court below had complained that the Appellants as Respondents had infringed on the fundamental rights of the 1st Applicant/Respondent. The 1st Appellant had alleged that the Respondents had trespassed on his property in issue, the main subject matter of this appeal.

As a result of this alleged trespass, the 1st Appellant wrote a petition (Exhibit “B”) on 9th February, 2010 to the Commissioner of Police, Cross River State complaining of invocation of juju, malicious damage and forcible entry against the Applicants/Respondents in this appeal. The 1st Respondent was thereafter arrested and later released on bail with an instruction to the 2nd and 3rd Respondents to report to the police.

Without the 2nd and 3rd Respondents reporting to the police, they wrote a counter petition against the 1st Appellant to Zone 6 Police Command, Calabar.

The 1st Appellant, subsequently upon this counter petition, wrote another petition to the D.I.G., “D” Department, Force Headquarters, Abuja dated 18th February, 2010 (Exhibit “C”). Consequently upon this second petition, the 1st Appellant was transferred together with the file to “D” Department, Force Headquarters, Alagbon – Lagos and was detained and later released on police bail.

The Respondents were unhappy with the arrest and detention of the 1st Applicant/Respondent. They, then filed a process under the Fundamental Rights Enforcement Procedure Rules, 2009, challenging the arrest and detention of the 1st Respondent.

The 1st Respondent as Applicant filed an affidavit of 8 paragraphs. The 1st Applicant as 1st Respondent filed a counter-affidavit of 20 paragraphs. There were several other affidavits filed by both parties in furtherance of their case. At the end, the trial Judge gave his considered judgment and granted the 1st Respondent’s reliefs sought.

The Appellants were aggrieved hence this appeal. The Appellants filed their Appellants’ brief on 10th February, 2012. They articulated 6 issues from 3 grounds of appeal as follows:

“1. Whether there was any incident or altercation or quarrel or misunderstanding between the Appellants and the Respondents arising from each party’s claim of land (or land disputes)”

2. Whether the Appellants did file counter affidavit against the affidavit of the Respondents and stating his case?
3. Whether a complaint from Appellant (retired police officer) amount to an infringement of the Fundamental Right of the Respondents.
4. Whether Police CID Alagbon Lagos rightly come into investigating a case against the Respondents when Appellants’ petition was sent to Deputy Inspector General of Police, Abuja?
5. Whether the judgment of the learned trial Judge against the Appellants is based on bias leading to perverse judgment and miscarriage of justice.
6. Whether in all, the award of N500,000.00 as damages and N50,000.00 as cost in favour of Respondents can be justified.”

Upon receipt of the Appellants’ brief, the Respondents filed their brief on 2nd of April, 2012 and articulated 2 issues for determination as follows:

“1. Whether the learned trial Judge properly evaluated the affidavit evidence filed by the parties before arriving at a finding that there was a breach on the fundamental rights of the Respondents.