Oceanic Securities International Limited V. Alh. Bashir Olaide Balogun & Ors (2012)

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 H.O. Ajayi J; of the Kwara State High court in suit No. KWS/40M/06, a Fundamental Rights Enforcement matter, delivered on 5/5/2008.

At the lower court, the 1st Respondent was the Applicant and had sought the following Reliefs on pages 10 to 12 of the Record of Appeal:

(a). A declaration that the harassment, arrest and detention of the Applicant, herein on Wednesday 24th May, 2006 at his residence along University of Ilorin Road, Tipper Garage Area, Ilorin, Kwara state by 3rd Respondent, acting as agent of the 1st, 2nd, 4th and 5th Respondents, who directed and gave the order of arrest based on the 5th Respondent’s baseless and false allegation is illegal, unconstitutional and a gross violation of the applicant’s right to dignity of human person and personal liberty as guaranteed under sections 34 and 35 of 1999 constitution.

(b). A declaration that the continued detention of the applicant at state crime branch Lagos State police command following his arrest on Wednesday 24th May, 2006 at the instance of the 5th Respondent is unlawful, unconstitutional and a gross violation of his fundamental human right.

(c). A declaration that the seizure of the Applicant’s Mitsubishi sigma saloon car with Registration Number DE 55 LSR by the 3rd Respondent at the instance of the 5th Respondent on 24th day of May, 2006 is illegal, unconstitutional, unlawful and a violation of the Applicant’s right to property.

(d). A declaration that the continued detention of the Applicant’s Mitsubishi Sigma saloon Car with registration number DE 55 LSR at the 4th Respondent premises by the 3rd Respondent acting on behalf of the 1st, 2nd 4th and 5th Respondents and later moved to Lagos is illegal, unconstitutional, violation of Applicant’s right to property under Section 43 and 44 of 1999 Constitution.

(e). An order mandating the 1st 4th Respondents jointly and/or severally to release forthwith the applicant who is in the custody of 1st 4th Respondents and the Applicant’s Mitsubishi Sigma Saloon Car with Registration Number DE 55 LSR.

(f). N2,000,000.00 (Two Million Naira) damages for unlawful and unconstitutional arrest of the applicant.

(g). N2,000,000.00 (Two Million Naira) damages, for the unlawful and unconstitutional detention of the applicant.

(h). The sum of N5,000.00 PER DAY AS DAMAGES FOR LOSS OF USE OF Mitsubishi Sigma Saloon Car with registration Number DE 55 LSR from 24th day of May, 2006 till when same is released to the Applicant.

(i). Perpetual injunction restraining all the respondents by themselves, agents, privies or whomsoever acting through them or any police officer from further interfering w1h the Applicant’s fundamental … .rights in the illegal and unconstitutional manner.

(j). Such further order or others as this Honourable Court may deem fit to make in the circumstances of this case.

After hearing the application and appraising the submissions of the learned counsel on each side, in a considered Ruling, the learned trial judge held for the Applicant and awarded the sum of Five Hundred Thousand Naira (N500,000.00) only against the 1st to 5th Defendants/Respondents, jointly and severally, being damages to the applicant for his unlawful and unconstitutional arrest. The lower Court awarded another Five Hundred Thousand Naira (N500,000,00) to the Applicant, being damages for the unlawful and unconstitutional detention of the applicant. Also, the sum of Four Hundred Thousand Naira (N400,000.00) only was awarded to the Applicant for loss of use of his Mitsubishi Sigma Saloon Car with Registration No, DE 55 LSR – all to be paid jointly and severally by the 1st to 5th Respondents, (now Appellant and 2nd to 4th Respondents)