Etim Harry Ukata & Ors V. Pastor Ime Dick Akpanowo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment)

The 1st – 4th Appellants were the 5th – 8th Respondents at the trial Court in the suit filed by the Respondents herein as Applicants. Judgment was entered against the Appellants in favour of the Respondents by Pius P. Idiong, of the Ukanafun Division of the Akwa Ibom State High Court in Suit No. HUK/15/2012 delivered on the 23rd of July, 2012.

Aggrieved by that decision, the Appellants have appealed against the said judgment.

The immediate cause of this action was reported to have taken place on the 10/2/12. On the said day, the Respondents alleged that the Appellants broke and entered the 1st Respondent’s compound.

?The 2nd Appellant was alleged to have done so with his thugs while armed with dangerous weapons. In the process, the 2nd Appellant with his alleged thugs were said to have wantonly destroyed the 1st Respondent’s cash and economic crops.

?The matter was reported to the police as a result of which the 2nd Appellant was arrested and detained. The 1st and 3rd Appellants who were said to be there to take the 2nd Appellant on bail were also arrested and detained,

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even though the police stated that the 1st & 3rd Appellants were arrested because they were on police wanted list in an earlier incident. (See Paragraphs 10-13 of the affidavit of the Appellants in support of their application at the trial Court).

The 1st – 3rd Respondents alleged that they were arrested and detained for 9 (Nine) hours and would have been detained for a longer period but for the intervention of their counsel. The Appellants have maintained that they did not commit any offence to warrant their arrest and detention. The 1st – 3rd Respondents maintained that the Appellants were instrumental to their arrest and detention, while the police did not inform them of the allegation levelled against them throughout the period they were detained. The Respondents, particularly 1st – 3rd Respondents contended that the Appellants have violated their fundamental rights to personal liberty and freedom of movement provided for and guaranteed under Sections 35; and 41 of the 1999 Constitution of the Federal Republic of Nigeria as amended.

Consequently, the Appellants claimed against the Respondents as follows:

(a) A declaration that the arrest

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and detention of the Applicants for 9 hours on 28/2/2012 by the 3rd and 4th Respondents acting on the authority of the 1st and 2nd Respondents and on the instigation of the 5th to 8th Respondents when the Applicants have not committed any offence is a violation of the Applicants’ Fundamental Rights to personal liberty and freedom of movement guaranteed under Sections 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unlawful and unconstitutional.

(b) A declaration that the threat to further arrest and detain the Applicants by the 3rd and 4th Respondents acting on the authority of the 1st and 2nd Respondents when the Applicants have not committed any offence is a violation of the Applicants’ fundamental rights to personal liberty and freedom of movement guaranteed under Sections 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and therefore illegal, unlawful and unconstitutional.