LIABILITY OF POLICE OFFICERS FOR AN UNLAWFUL AND MALICIOUS ARREST OF A PERSON

CASE TITLE: EYEMI v. ONAH & ORS (2021) LPELR-55842(CA)

JUDGMENT DATE: 2ND NOVEMBER, 2021

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the enforcement of the fundamental right to personal liberty.

FACTS

This appeal is against the judgment of the Federal High Court, Calabar, which was delivered by Justice E. J. Aneke.

The case of the applicant/1st respondent was that he was arrested and detained for 3 days by the police at Zone 6 Headquarters Calabar in December 2007, by the instigation and active participation of persons who were the 2nd and 3rd respondents at the trial Court. He was only released after the police extorted the sum of N30,000.00 from him. Sometimes in January 2008, the applicant/1st respondent was further re-arrested and detained for 5 days by the police at Zone 6 Headquarters Calabar, and was only released after the police extorted the sum of N20,000.00 from him. Between January 2008 and June 2009, the applicant was arrested and detained by the police at Zone 6 Headquarters, Calabar on more than 8 occasions, all at the instigation and active participation of the 2nd and 3rd respondents.

Applicant/1st respondent claimed not to have committed any offence and is ever ready to be arraigned in Court to answer to any charges if the police at Zone 6 Headquarters have any case against him. According to the applicant/1st respondent, the only reason for the incessant arrest, detention and extortion of money from him is to harass and intimidate him, so that his land can be wrestled from him.

He, therefore, instituted an action at trial Court, and claimed compensation and apology. The trial Court found in favour of the 1st respondent, and awarded damages in the sum of One Million Naira (N1,000,000.00) for the infringement of the 1st respondent’s fundamental rights, as enshrined in Sections 34 and 35 of the 1999 Constitution of Nigeria.

Dissatisfied, the appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The appeal was considered on the following issues for determination:

1. Whether the learned trial judge was right in relying and making reference to the rejoinder on points of law when same was not before the Court on the day and date the written addresses of the parties were adopted.

2. Whether the learned trial judge had jurisdiction to hear and entertain the suit.

3. Whether the learned trial judge was right when he found the respondents liable including the 3rd respondent and awarding the sum of N1,000,000.00 (One Million Naira) as damages against them.

DECISION/HELD

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• CONSTITUTIONAL LAW – BREACH OF FUNDAMENTAL RIGHTS: Whether a person unlawfully arrested/detained is entitled to compensation and apology
  • CONSTITUTIONAL LAW – BREACH OF FUNDAMENTAL RIGHTS: Factors to be considered in fixing an amount to be awarded for the infringement of fundamental rights
  • CONSTITUTIONAL LAW – BREACH OF FUNDAMENTAL RIGHTS: Liability of Police official(s) involved in the unlawful and malicious arrest of a person
  • PRACTICE AND PROCEDURE – FUNDAMENTAL RIGHT (ENFORCEMENT PROCEDURE) RULES: Proper approach to determining whether a matter falls under fundamental rights enforcement procedure