Mrs. Endurance Odubu V. Lieutenant Olorunduyilemi Stephen & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A (Delivering the Leading Judgment)

This is the Judgment in respect of the appeal lodged against the Judgment dated 25/7/2011 delivered by Adamu Hobon J. of Federal High Court sitting in Benin.

It was in respect of an action commenced by a motion on notice filed on 13/11/2010 for the enforcement of Fundamental Human Rights of the 1st Respondent (now Appellant).

The motion on notice was filed with a statement verifying affidavit and a written address. Each of the Respondents filed a counter-affidavit to oppose the application. The parties later adopted their respective written address and Judgment was delivered as follows:

“I therefore hold:

(1) That Applicant was infact, arrested, detained, brutalized, put in apprehension of extra-judicial loss of life by shooting of live rifle at him but missed him and hit the ground, injuries were caused to the Applicant by the Respondents without any disclosed reasonable offence known and defined by any statute is an unlawful, unconstitutional and illegal acts on the part of the Respondents as a team and are therefore liable jointly and severally.

(2) On the issue of special or specific damages or claims suffered in the sum of Two Million Naira being cost of medical treatment which is still going on for severe wounds, and injuries sustained as evidenced by Exhibit B1 – 5, C1 – 10 which tallied with all the evidence, repairs of his damaged car and a Wedding Ring lost in the scuffle, the Respondents did not deny this claim in any meaningful and reasonable way specifically but evasively which means in law they admitted this claim. It shall therefore be granted in terms. The special damages of Two Million Naira claimed ought to succeed and is hereby granted.

(3) On the general damages of (N500, 000,000.00) Five Hundred Million Naira for the violation of the

Applicants Fundamental Human Rights. In law the primary object of an award of damages is to compensate the Plaintiff or Applicant victims for the harm done to him. The secondary object of award of damages is to punish the Defendants for their conduct in inflicting harm on the Plaintiff-victim particularly when the Defendants’ conduct is sufficiently outrageous to merit to punishment such as in this case, where it discloses cruelty insolence, excesses and flagrant disregard to the law and humanity see ELION CHIN NIGERIA LIMITED V. MBADIWE (1986) 1 NWLR (PT.14) 47 at RATIO 5-6. In the instant case upon the totality of evidence, the Appellant’s conduct and part played in attempt for self defence upon the provocative acts of the Respondents when carefully assessed along with the evidence of heralding siren blaring at that material time by the Respondents mitigates the general damages to be considered for award. Heralding siren on a public highway signifies emergencies like, fire outbreak, victims or sick persons being carried to hospitals, Government officials in movement or currencies in transit which calls for right thinking persons to give way for the emergencies. Applicant did not do so, though contravened or breach no law.

The conduct mitigates quantum of damages. In my opinion upon all the circumstances of this case Ten Million Naira (N70,000,000.00) is sufficient as general damages in addition to the Two Million Naira special damages awarded.

I so award Ten Million Naira as general damages against the Defendants or Respondents jointly and severally.

(3) On the issue of public apology, this is a statutory remedy under section 35 (5) constitution that any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from appropriate authority or person. In the circumstance therefore the demand for public apology by the Applicant is in order, but the number of media publications appears too many, any two of print and Electronic media is sufficient for the purpose intended. It is so granted.

The Applicant case ought to succeed and be granted in part.

It is hereby granted in terms of reliefs: