S. O. Bello & Ors V. Ihuoma Doris (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of the Federal Capital Territory Abuja of the 4th of December, 2012. Coram Justice A. M. Talba in FCT/HC/CV/11446/2012.

The respondent commenced the suit at the trial Court by an application for the enforcement of her Fundamental Rights seeking the following reliefs.

1. A Declaration of the Honourable Court that the respondents jointly and severally acted in destroying the applicants entrance doors and windows, destroying the roof of applicant?s house, trespass into the applicants house, carting away valuables in the Applicants house which include the following items (1) bag containing my original land title documents and some other vital documents including my school certificates (2) fridge freezer & air condition (3) rug curtain & all mirror (4) water dispenser & Microwave (5) 6 inches orthopedic vital foams & designed iron bed (6) room warmer, flat screen television, internet cable receiver set and standing fan (7) ironing boards and pressing iron (8) box containing gold jewelries & wrist watches (9) clothes,

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shoes, bags & weavons (10) shelves, set of chairs, tables and side table (11) Medical books & equipments (12) gas electrical cookers and gas cylinders (13) set of plates, cups & cutlerries (14) Food stuffs (15) Printer/Scanner/Photocopies/2 digital recorders/2 phones/tape recorder (16) N100,000 00 (cash) in the box etc all is wrongful, illegal and unconstitutional and constitutes a gross infringement to applicants fundamental rights to own property as guaranteed under Section 44 Constitution of the Federal Republic of Nigeria, 1999 (as amended).

2. A Declaration of the Honourable Court that the respondents jointly and severally acts in Kidnapping/abducting applicants from the said house all notably on the 30th March, 2012 at about 11am-12am is wrongful, illegal and unconstitutional and constitutes a gross infringement to applicants fundamental rights to private and family life as guaranteed under Section 37 Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4 & 5.
3. A Declaration of the Honourable Court that the actions of the Respondents jointly and several acts in stripping the applicant naked, unlawfully

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beating up the applicant, kidnapping/abducting the applicant all notably on the 30th March, 2012 at about 11:00Pm – 12am is wrongful illegal and unconstitutional and constitutes an infringement to applicants right to life as guaranteed by Section 33 Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4 and 5 African Charter on Human & Peoples Right (Ratification & Enforcement) Act and is to that extent unlawful, illegal and unconstitutional.

4. A Declaration of the Honorable Court that the respondents jointly and several acts in stripping the applicants naked, unlawfully beating up the applicant, kidnapping/abducting the applicant whisking away of the applicant in a Hilux Truck locking up the applicant in a said Hilux Truck all notably on the 30th March, 2012 within the hours of 11am up till about 1pm and the further act of unlawful beating up & brutalizing the applicant in her house on the 31st March, 2012 now at about 3:00am – 3:30am is illegal wrongful and unconstitutional and constitutes an infringement to the applicant right to dignity of human person as guaranteed under Section 34 Constitution of Federal Republic

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of Nigeria, 1999 (as amended) and Article 4 & 5 African Charter on Human & People’s Right (Ratification & Enforcement) Act.

5. An Order of N900,000,000.00 (Nine Hundred Million Naira) only against the respondents jointly and severally as damages for infringing on the applicants fundamental rights to life, dignity of human person right to private & family life and ownership of property and cost of his properties carted away by the Respondents.

Dissatisfied with the decision of the trial Court the appellant appealed on the following grounds in his notice of appeal of the 18th December, 2012:

GROUND ONE:

The Learned Trial Judge erred in Law by failing to exercise his discretion judicially and judiciously thereby occasioning a miscarriage of justice to the Appellants when he allowed the Applicant/Respondent?s application for enforcement of Fundamental Rights filed on 10th May, 2012 in the entire circumstances of Suit No FCT/HC/CV/M/11446/2012.

GROUND TWO:

The Learned Trial Judge erred in law by not exercising his discretion judicially and judiciously thereby occasioning a miscarriage of justice to the Appellants when