The Hon. Minister Of Defence & Ors V. Mrs. Etta Bassey Ephraim (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment)

This is appeal against the Ruling of the Federal High Court, Calabar delivered on the 28th day of February, 2011. The Respondent at the lower Court had brought an action under the Fundamental Rights (Enforcement Procedure) Rules 2009 and claimed the underlisted reliefs against the Appellant viz:

1) A declaration that the Applicant is entitled to her right to dignity of human person and personal liberty as enshrined in Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 and cannot be treated like an animal by the Respondents.

2) A declaration that the arrest and detention of the Applicant on the 27th of March, 2010 at the Eburutu barracks guardroom, among ten male inmates made up of lunatics, smokers of Indian hemp and other military criminals by the direct order of Lt Col. K.N. Garba amounts to false imprisonment, unlawful detention, inhuman and degrading treatment is unconstitutional, illegal and a flagrant breach of the Applicant’s Fundamental Right as enshrined in Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999.

3) A declaration that the Applicant is entitled to monetary compensation for the breach of her Fundamental Right.

4) N150,000,000.00 (One Hundred and Fifty Million Naira) only for the harassment fortune, pains, trauma and other forms of very excruciating experiences the Applicant was forced to go through in the hands of the Respondents.

In a considered Ruling, the lower Court entered judgment for the Respondent as per her claim and awarded N60,000,000.00 Naira as damages and N60,000.00 as cost against the Appellants. This appeal is brought against the said judgment.

In her affidavit in support of her Application, the Respondent stated thus:

I am the Applicant in this case and by virtue of my position I am very conversant with the facts herein deposed to.

I am a history teacher of Army Day Secondary School, Ikot Ansa.

On Saturday, 27th of March, 2010, I and other staff of the school had gone to school to conduct a re-scheduled exam for students.

At the conclusion of the invigilation of the exams, I among other staff including the principal of the school gathered outside discussing Army Day African Cup of Nation (ADACON).

While there discussing, a motorbike with a rider and a passenger rode to a stop in front of the school compound and suddenly the rider started shouting on top of his voice at one of my teacher colleagues, (Mrs. Theresa Egrinya) demanding to know why she sent her son to knock him down.

He went on saying – “pack out of my barracks, I own this barracks”