Jide Arulogun V. Commissioner Of Police, Lagos State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A.(Delivering the Leading Judgment)

This Appeal centers on compensation in matters relating to enforcement of Fundamental Rights. By an Application brought pursuant to Order II Rules 1, 2, 3,4 & 5 of the Fundamental Rights (Enforcement Procedure) Rules, and Sections 35(1), 44(1) and 46 of the 1999 Constitution, and under the Inherent jurisdiction of the Federal High Court, the Appellant prayed for-

(a) A Declaration that his arrest and detention by the 1st ? 3rd Respondents at Oko-Oba Police Station, Abule-Egba, Lagos State on the 3rd – 4th of March, 2013 is unlawful and unconstitutional.

(b) A Declaration that the seizure of his Tricycle with Plate Number QQ371LSR by the 1st – 3rd Respondents at the [said Station] is unlawful, illegal and unconstitutional,

(c) An Order directing the 1st – 3rd Respondents to release forthwith his Tricycle —

(d) An Order of perpetual injunction restraining [them] their servants, agents, privies etc’ from further harassing, intimidating, arresting and detaining [him] – – – .

(e) An order directing the 1st – 3rd Respondents jointly and severally

to pay him the sum of N15,000.000.00 as general damages for the intimidation, harassment and his unlawful arrest and detention.

(f) A sum of N8,000 every day for the deprivation of his use of the tricycle from 21/3/2013 until the Tricycle is released to him by the 1st – 3rd Respondents.

(g) A sum of N600,000 to be paid by the 1st – 3rd Respondent as cost of litigation – –

The Application is supported by a 38-Paragraph Affidavit and Written Address, and he averred as follows in Paragraph 29 – 33 of the said supporting Affidavit –

29. My income per day is between N8,000 to N10,000 from the ride of the Tricycle after removing other expenses like buying fuel and maintenance.
30. My least income per day is N8,000,00 if there is no market at all.

31a. I arrived at N8,000 because if there is no market at all, I embark on 40 trips per day both going and coming back,

31b. I normally carry three passengers at a go and each passenger pays N70.00

31c. The seizure of the said Tricycle by the men of Nigerian Police (especially the 3rd Respondent) at Oko-Oba Station, Abule-Egba, Lagos, has deprived me the use of the Tricycle and my