MR. Niyi Aluko & Anor V. Commissioner Of Police & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ondo State High Court of Justice, Akure Division, presided over by Hon. Justice A. O. Odusola, delivered on 4th day of March, 2013.

The Applicants/Appellants claims were for the following:

(a) A declaration that invasion of the 1st Applicant’s residence and the forceful removal of his wife’s Toyota Camry Car with Reg. No. AT 889 AKR on the 11th day of October, 2011 is unlawful, inoperative, illegal, unconstitutional, and constitutes violation of his right to private and family life.

(b) A declaration that the threat to arrest and detain the Applicants on a civil action which does not constitute offence is unlawful, illegal and unconstitutional and a violation of fundamental right to liberty and freedom of movement.

(c) A declaration that the equitable mortgage transactions between the Applicants and the 3rd Respondent does not constitute a criminal offence under the Criminal Code Law of Ondo State or any other law to warrant the violation of the Fundamental Rights of the Applicants to personal liberty and

1

freedom of movement by Section 35 of the 1999 Constitution (as amended) and Article 6 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act CAP A9 Laws of Federation of Nigeria 2004.

(d) An order directing the Respondents to release the 1st Applicant’s wife’s Toyota Camry Car with Registration No. AT 889 AKR seized at the residential premises of the Applicant.

(e) A perpetual injunction restraining the 1st, 2nd and 3rd Respondents, including their servants, agents, privies and officers from further infringement of the Applicants Fundamental Rights to private and family life, personal liberty and freedom of movement.

(f) An order for the payment of Twenty Million Naira (N20,000,000) to the Applicants for the atonement of violation of his Fundamental Rights to private and family life.

RELEVANT FACTS

The 1st Appellant obtained a loan facility from and entered into a mortgage transaction with the 3rd Respondent and deposited his title deeds. He was paid the sum of Four Hundred Thousand Naira (N400,000) out of Eight Hundred Thousand Naira loan.

?The Appellants alleged that on 11/01/2011, the 3rd