Joseph Odogu V. Attorney-General Of The Federation & Ors. (1996)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C. 

The only issue arising for determination in this appeal relates to the quantum of damages. The facts appear not to be very much in dispute. The applicant, Joseph Odogu, now appellant in this appeal, was arrested by the Police on 4th August 1980 at Festac Town and charged with the offence of armed robbery.

He denied the charge. He was taken into custody. On 17th December 1980 he was arraigned before a magistrate’s court where a formal charge of armed robbery was preferred against him. He was remanded in prison custody and taken to Ikoyi Prison. Between that date and 1983 he was taken a number of times to the Magistrate’s court but was on each occasion further remanded because the prosecution told the court that the advice of the Director of Public Prosecutions was yet to be obtained. On 19th December 1983, the charge against him was withdrawn by the prosecution and the court struck out the charge and ordered his release.

He was released from Ikoyi prisons on that date but was promptly re-arrested by the Police and detained at the Panti Street Police Station. On 27th March 1984 he was moved to the Kirikiri Maximum Security Prisons where he was held until 7th July 1986 when again he was taken back to the Panti Street Police Station and thereat detained. On 11th July 1986 he was arraigned yet again before the Magistrate’s Court Yaba, Lagos on a charge of armed robbery and was again remanded in prison custody where he remained until the proceedings leading to this appeal commenced in 1987.

In December 1987 the Civil Liberties Organisation commenced proceedings in the name and on behalf of the applicant, claiming, pursuant to Orders 2, 3, 4 and 6 of the Fundamental Rights (Enforcement Procedure) Rules 1979.

“1. A declaration that the continued detention of the applicant at Ikoyi Prisons is unconstitutional, unlawful, illegal, null and void.

2. An order to remove into this Honourable Court to be quashed the entire proceedings in charge No. C/146/86 conducted between 11th July 1986 and 4th November 1987 at the Yaba Magistrates Court No.3 Yaba, Lagos together with all the orders made therein.
3. A declaration that the applicant’s constitutional guarantee for a fair hearing is being infringed and violated by the respondents.
4. An order releasing the applicant from unlawful custody forthwith.

Alternatively

5. An order releasing the applicant from detention at Ikoyi Prisons pending the commencement of his trial for any offence or offences which the State may wish to charge the applicant with, upon such condition or conditions as this Honourable Court may deem necessary to impose therein.

And thereafter

6. An order compelling the respondents to put the applicant up for immediate trial.
7. An award of N1million damages for unlawful detention.”

In the course of the proceedings in the Lagos High Court (Agoro, J. as he then was), it was disclosed by Mr. Olokodana, State Counsel (Lagos State) that a case file concerning one Joseph Odogu was received in the office of the Director of Public Prosecution (DPP) from the Police on 3rd December 1980 and that on 24/3/81 the DPP wrote to the Police advising that there was no sufficient evidence to sustain a charge of armed robbery against the subject and that further investigations be carried out. There was no reply from the Police notwithstanding the reminders sent by the DPP on 4/6/81 and 21/3/88. Mr. Olokodana further informed the court that the DPP was of the view that there was no reason for the continued detention of the subject and raised no objection to the applicant’s unconditional release from custody.

After addresses by learned State Counsel (Federation) appearing for the 1st, 4th and 5th respondents and learned leading counsel for the applicant, Agoro J, on 31/3/88, ordered that the applicant “be released from detention or from custody unconditionally forthwith”. The applicant was on that day released from custody.

On 23/9/88, Agoro, J. delivered his ruling on the issue of damages. He found:

(1) That the applicant suffered “ordeal and deprivation …….. During the period from his arrest on 4th August 1980 and his release from custody by this court on 31st March 1988, which period the learned counsel for the applicant said was upwards on years 5 months and 20 days,” and

(2) That the applicant “was never brought before a court or Tribunal of competent jurisdiction within a reasonable time or at all as required under section 32(4) of the 1979 Constitution of the Federal Republic of Nigeria.”

The learned trial Judge, in assessing damages, observed: