Mainstreet Bank & Ors V. MR. Olugbenga Stephen Amos & Anor (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 Federal High Court of Lagos delivered on 10th of June, 2011. The Respondents as applicants commenced on action against the Appellants as Respondents under the Fundamental Rights (Enforcement Procedure) Rules 2009 with leave of court. The Respondents claimed the following reliefs.

(a) A Declaration that the forceful detention of the applicants 2 Little children aged 7 and 5 respectively and 2nd applicant being hypertensive without allowing her access to take her drugs at Abuja from 25th August, 2009 to 27th August, 2009 without an order of court and torte constitutes an infringement of the applicants fundamental rights guaranteed and protected by S.35(1), (4) and (5) and 34(1) (a) of the 1999 Constitution.

(b) A declaration that the arrest or continued threatened arrest, harassment, intimidation, extortion and detention of the 2nd applicants without an order of court and torture constitutes an infringement of the applicants fundamental rights guaranteed and protected by S.35(1), (4) and (5) 34(1) (a) of the 1999 Constitution

(c) A mandatory order restraining the Respondents from further harassment intimidation, official extortion and all manner of vindictiveness on the paths of the applicants forthwith.

(d) An immediate return of the applicant’s title deeds to his property, car seized, Sony Laptop belonging to the applicants wife and a refund of the sum of N194,890.00 which the Respondents forcefully taken from the applicants car when same was forcefully opened by a motor mechanic, applicants August salary, education allowance and some cash belonging to full Gospel Business Fellowship, payment of the mandatory half salary payable to staff on suspension-

(e) A return and or release of all the items such as applicants title deeds to his property, car seized Laptop belonging to the applicants, the sum of N194,890.00 which the Respondents forcefully took from the 1st applicants car when same was forcefully opened, 1st applicants August salary, education allowance and some cash belonging to full Gospel Business Fellowship, payment of the mandatory half salary payable to staff on suspension which the 1st- 5th Respondents fraudulently seized from the applicants during the needless period of incarceration and cold war.

(f) N2,000,000.00 against the Respondent jointly and or severally on the footing of exemplary damages for the unwarranted infringement of the applicants fundamental rights.

(g) A mandatory order commanding the Respondents jointly and or severally to deliver an apology in writing to the applicant for the unwarranted infringement of his fundamental rights.”

In response to the above Process, the Appellants as Respondents in the Lower Court, filed a counter affidavit dated 25th day of February, 2010 (see Pages 63-87 of record) wherein reliance was placed on the seventeen paragraphs counter-affidavit deposed to therein by one Ilori Tolulope a senior manager in the inspection deportment of the 1st Respondents Regional Office of Abuja, with seven annexures thereto attached as Exhibits ILOI-IL07, denying all allegation of infringement of the applicants’ Fundamental Rights.

The facts of this case are as simply put; the 1st Respondent was working for the 1st Appellant. The 2nd Respondent is the wife of the 1st Respondent. The 1st Respondent was sometime accused of some fraudulent acts in his day to day employment with the 1st Appellant’s branch in Suleja. An investigation was said to have ensued and many fraudulent practices were uncovered.

During the investigation, the 1st Respondent said he was threatened and bullied, His wife the 2nd Respondent was detained so also were their two young daughters. For the above the 1st and 2nd Respondent sued the Appellants. The parties filed their affidavits and their written addresses. The trial Judge thereafter delivered its considered judgment and held as follows:-

“Based on all the foregoing analysis, the inevitable conclusion which I reach on this matter is that the Applicants have made out a case for the infringement of their fundamental rights. The application therefore succeeds and I accordingly award the sum of three hundred thousand Naira (N300,000.00) against the Respondents jointly and severally for the infringement of the Applicants’ fundamental rights.”

Being dissatisfied, the Appellants filed their notice and two grounds of appeal. The Appellants filed their Appellants’ brief on 25th of August 2011 and articulated two issues for determination namely: –