Oliver Iwununne V. Morris Egbuchulem & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the decision of Imo State High Court in Suit NO. HME/83/2008, delivered by HON. JUSTICE T.E. CHUKWUEMEKA CHIKEKA on 10th December, 2008, wherein the trial Court granted the reliefs sought by the Applicant (now 1st Respondent).

The matter at the trial Court was an application for enforcement of fundamental right of the Applicant, couched as follows:

Redress for the infringement of the fundamental rights of the Applicant in terms of the relief set out in paragraph 2 of the statement accompanying the application for leave and served along with this application, thus:

(a) A declaration that the arrest, detention and torture of the Applicant at the Nigeria Police, Imo State Command Headquarters at Owerri from the 18th day of June to the 20th day of June, 2008, a period of three days, by the 2nd and 3rd Respondents at the behest and instigation of the 1st Respondent constitutes an infringement of the Applicant?s fundamental right against torture, inhuman and degrading treatment and his right to personal liberty protected by Sections

1

34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999.

(b) A declaration that the use of the Police Coercive Powers and Criminal process by the 2nd and 3rd Respondents to intimidate the Applicant to prevent him from associating with and standing surety for Anselem Iwuoha and his wife, detained at Nigeria Police, Imo State Police command, Owerri, is a gross violation of the Police Act, Cap 359, Laws of the Federation and fundamental right of the Applicant as enshrined in Section 40 of the Constitution of the Federal Republic of Nigeria, 1999.

(c) N10,000,000.00 (Ten Million Naira) being damages for the violation of the Applicant?s fundamental rights, aforesaid.?Government

Applicant’s grounds for seeking the application and the affidavit of facts verifying the same were disclosed, as per pages 11 to 16 of the Records of Appeal. And the Respondent (Appellant herein) filed a counter affidavit (as per pages 19-23 of the Records). The 2nd to 4th Respondents (Police) filed their counter affidavit too (as per pages 24 ? 25 of the Records).

After hearing the case and considering the addresses of respective Counsel in

2

the matter, the trial Court held for the Applicant as follows;

As earlier stated, the 1st Respondent did not deny the statement the Applicant said he made in paragraph 27 of the Grounds. I have no other alternative than to believe the Applicant that the 1st Respondent made the said statement which induced the 2nd Respondent to give him a dirty slap on the cheek and later ordered for his detention.