Rev. Paul Enanuga & Ors V. Hon. Nseabasi (Cornelius) Sampson (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

Upon the motion exparte filed on 21st April, 2006 in Suit No. HU/MISC/66/2006, at the Uyo Division of the High Court of Akwa Ibom State, the respondent herein as applicant was granted leave on 2nd May, 2006, to enforce his fundamental human rights.

He subsequently filed a Motion on Notice on 4th May, 2006 under Order 2 Rule 1 (1) of Fundamental Rights Enforcement Procedure Rules for the following reliefs:

“a. An order restraining the Respondents, by themselves, servants, agents or privies howsoever from inviting, re-inviting, hunting for, harassing, intimidating, arresting and detaining, re-arresting and detaining the Applicant on the pretex (sic) of ”interviews’ or “investigations’ or other unlawful acts of incarcerations.

b. A declaration:

(i) That the Arrests and Detentions, inviting, continued hunting for, harassment, and intimidation of the Applicant by the 8th and 9th Respondents at the behest of the 1st to 7th Respondents constitute a gross violation of the due process of law and amounts to infringement of the Applicant’s Fundamental Rights enshrined in Sections 35; 36; 40 and 41 of the Constitution of the Federal Republic of Nigeria, 1999.

(ii) That it is unlawful to use the machinery of the Nigeria Police Force for the purpose of harassment and intimidation of the Applicant who is a law abiding citizen. The conduct of the Respondents is arbitrary, illegal, harsh, oppressive, vindictive, unlawful, unconstitutional and therefore void.

(iii) N500,000.00 (Five Hundred Thousand naira) only jointly and or severally on the footing of exemplary damages against the 1st to 7th Respondents for the unwarranted infringement of the Applicant’s Fundamental Rights.”

The motion on notice was filed with a Supporting Affidavit of 5 paragraphs, a verifying Affidavit and the Statement and Grounds for the application. The Appellants who were the 1st to 7th Respondents filed a Counter Affidavit of 18 paragraphs on 12th May, 2006. Three Respondents; Ekerete Umana. The commissioner of police, AKS and A.I.G. zone 6, Calabar who were joined as the 8th, 9th and 10th Respondents did not file any process at the lower court and they are not made parties to this appeal.

After hearing arguments, the learned trial judge in the Ruling dated 24th November 2006herd as follows:

“I therefore hold for the Applicant, and declare that the Respondents have infringed the Applicant’s rights to personal liberty and dignity of his human person-by subjecting him to the series of arrests and detentions and further exposing him to threats of further arrest and detention at the pleasure of 1st to 7th Respondents. It is unlawful to use the machinery of the Nigeria Police Force for the purpose of harassment and intimidation of a law abiding citizen, The Respondents are hereby restrained by themselves, their agents, servants or privies from further acts of infringement of the Fundamental Rights of the Applicant.

I award the sum of two hundred fifty thousand naira (sic) (N250,000.00) to the Applicant to be paid by the Respondents jointly and severally for violent inversion of the Applicant’s fundamental right.”

The present appellants who felt dissatisfied with the decision of the lower court filed their Notice of Appeal on 1st December, 2006 with three grounds of appeal, and in the Appellant’s Brief prepared by Chris O. Ezeibe Esq. of counsel and filed on 8th July, 2009, but deemed as properly filed on 14th March, 2011, the following issues were formulated from the grounds of appeal.

1. Whether the Fundamental Rights of the Respondent was infact breached by the Appellants.
2. Whether the award of the exemplary damages/cost to the Respondent was justified in the circumstances.

The two issues formulated by the Respondent in the Respondent’s Brief of Argument prepared by Idongesit Umoh Esq. of counsel and filed on 14th March, 2011 are: