Ibe Orkater V. Chief Godwin Ekpo & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The 1st and 2nd Respondents as Applicants in the Court below brought an action under the Fundamental Rights Procedure Rules, against the Appellant as 2nd Respondent.

The 1st and 2nd Respondent prayed for the following reliefs:

“(a) A declaration that the arrest and detention and/or threat at arresting and detaining the Applicants by the Respondents amount to violation or breach of the Applicants’ Fundamental Rights to wit: right to dignity of human person, right to personal liberty, right to fair hearing, right to freedom of movement as guaranteed in Section 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria.

(b) An order for the Respondents to pay jointly and severally the sum of Five Million Naira (N5,000,000.00) as damage or compensation to the Applicants for breach of or “threat to the Applicants’ Fundamental Rights.

(c) An order of mandatory injunction restraining the Respondents from harassing, arresting, detaining the Applicants or otherwise violating the Applicants’ Fundamental Rights in respect of the false and fraudulent complaint.

(d) And for any further order or relief as the Honourable Court may deem fit to make in the circumstance.”

The 1st and 2nd Respondents filed their supporting affidavits and further and better affidavits in support of their prayers.

The 1st Appellant as 2nd Respondent and the other respondents filed their respective counter-affidavits and the trial was concluded with the learned trial Judge delivering his considered judgment on 26th January, 2009. In his judgment he granted these reliefs against the Respondents.

“I find and hold therefore that the 1st-3rd Respondents had breached Applicants’ Fundamental Rights by making false allegations to the police and leading the police to attempt to arrest the Applicants.

The Applicants are entitled to compensation for the violent and malicious invasion of their Fundamental Rights. I therefore award the 1st Applicant N2m (Two Million Naira) against the 1st-3rd Respondents jointly and severally. I also award the 2nd Applicant the sum of N2m (Two Million Naira) against the 1st -3rd Respondents jointly and severally.

The 1st-3rd Respondents shall jointly and severally pay each of the Applicants N3,000.00 (Three thousand Naira) cost.”

Being dissatisfied with the judgment, the Appellant filed his notice and 7 grounds of appeal. The Appellant filed his appellant’s brief on 6th August, 2012 and articulated 7 issues for determination as follows:-

“(i) Whether the Court was right when it held thus: “From the records before me, I find that the Applicants had lawfully purchased and paid for diesel which they purchased from the 1st Respondent. The basis did not arise nor exist therefore that they had stolen nor obtained the diesel by fraud or false pretences.”