MR. Nicholas Igbokwe V. Christian Edom & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of Imo State High Court in Suit No. HME/18/2006 delivered by Hon. Justice F.I. Duroha-Igwe on 14/11/2006, wherein the trial Court gave Judgment to 1st Respondent, holding that his fundamental rights had been violated by the Appellant (who was the 3rd Respondent in the Suit) and 2nd and 3rd Respondents herein. The trial Court had held and ordered, as follows:

“(a) That the harassment, intimidation and threat of arrest and detention of the Appellant by the Respondents is unlawful and an infringement of Applicant’s Fundamental Right guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999.

(b) That the seizure and detention of Applicant’s two vehicles, Peugeot 505 vehicle with Registration No. BJ 324 PHC and Concorde Mercedes Benz (unregistered) since 23/2/2006 by the Respondents is an infringement of the Applicant’s Fundamental Right to movable property guaranteed under Section 44 of the Constitution of Federal Republic of Nigeria, 1999.

(c) The Respondents are hereby restrained from further arresting or harassing or otherwise infringing or the liberty of the Applicant.

(d) Court award (sic) the sum of N2,000,000.00 (Two Million Naira) to the Applicant against the 3rd Respondent being damages for the unlawful seizure and detention of the Applicant and the Applicant’s vehicles and violation of his Constitution Rights.

(e) The Respondents are hereby ordered to release the said vehicles forthwith to the Applicant.

(f) Court assesses cost and out of pocket expenses at N2,000.00 (Two Thousand Naira) to the Applicant against the Respondents.” (See pages 50 and 51 of the Records).

Appellant filed this appeal on 1/2/2007, being dissatisfied with the above decision of the trial Court, and disclosed six (6) grounds of appeal, as per the Amended Notice of appeal, filed with the leave of this Court, granted on 18/10/10. Appellant filed his brief of argument and formulated two (2) Issues for the determination of the appeal, as follows:

(1) Whether, in the circumstances of this Case, the first Respondent’s Application for Enforcement of Fundamental Rights and the Service of the Application by means of substituted service on the Appellant were not vitiated by non-compliance with the Imo State High Court (Civil Procedure) Rules and Section 97 of the Sheriffs and Civil Process Act. (Grounds 4, 2 and 3).

(2) Whether the learned trial Judge was right in hearing and determining the application for the Enforcement of Fundamental Rights against Appellant, without services of the relevant originating processes on the Appellant and without an Affidavit of service of the Application or the Appellant filed by the 1st Respondent. (Grounds 5 and 6)

The 1st Respondent filed a Notice of Preliminary Objection, on 7/4/2011, to the hearing of the appeal, on the following grounds:

“(1) That the Notice and grounds of Appeal (as Amended) is incompetent for non compliance with order 6 Rules 2(2) (3) and 3 of the Court of Appeal Rules 2007 in that all the grounds of appeal are argumentative, vague, in the narrative and contain both Error in Law and misdirection at the same time.

(2) That Ground Nos. 1 and 6 of the Notice of Appeal (as Amended) is a complaint against interlocutory decisions and requires leave of Court.