Remedies Available To A Person Who Is Unlawfully Arrested Or Detained

By Legalpedia

NIGERIA CUSTOMS SERVICE BOARD & ANOR V. DR. D.
RUDRAKHOSERE HARGAAL GAR

suit no: CA/B/420/2014

Legalpedia Electronic Citation: (2021)
Legalpedia (CA) 11190

Areas Of Law:  

Appeal, Constitutional Law, Criminal Law And Procedure,
Fundamental Rights, Practice And Procedure

Summary Of Facts:

The Respondent commenced this Fundamental Rights action against
his unlawful arrest and detention before the Federal High
Court, Benin Division wherein the Respondent took out a Writ of
Summons against the Appellants seeking for the Sum of N5,000,000.00
(Five-Million) Naira as General Damages and $50,000.00 (Fifty
Thousand US Dollars) as Special Damages.

In its defence, the Appellants contended that the alleged arrest
and detention of the Respondent was done in the exercise of a
lawful duty.

In its judgment, the lower Court entered judgment for the
Respondent and awarded the sums of N5, 000,000.00 (Five-Million)
naira only as general damages and N50, 000.00 (Fifty-Thousand)
Naira cost against the Appellants. Dissatisfied with the judgment,
the Appellants appealed against the judgment to the Court of
Appeal, Benin Division vide their Notice of Appeal raising two
Grounds of Appeal.

HELD:
Appeal Dismissed
ISSUES FOR DETERMINATION

Ø Whether the learned trial Judge was right to hold that
the alleged arrest and detention of the Plaintiff was unlawful,
even when the arrest and detention were done in furtherance of the
lawful duty to prosecute the Plaintiff for evading payment of
custom duty.

Ø Whether the learned trial Judge was right to award the
sum of N5,000,000.00 (Five Million naira) as general damages to the
Plaintiff even when the Plaintiff had not established unlawful
arrest, detention, mental agony and malicious prosecution or any
other acts that impugned his reputation.

RATIONES

RIGHT TO PERSONAL LIBERTY – WHETHER THERE IS
AN ABSOLUTE GUARANTEE OF THE RIGHT TO
PERSONAL LIBERTY OF AN INDIVIDUAL

“In deciding, however, if only for a brief moment to subject the
provision of Section 35(1) of the Nigerian Constitution 1999 as
amended, to a microscopic examination, since the Appellants seem
here to have taken solace under the said provision, in buttressing
their arguments in support of the illogicality of their claims,
that there are no such things as an absolute guarantee of the
liberty of the individual, so long as it can at anytime be
curtailed under any of the circumstances permitted under the law,
it is apposite, perhaps, to state here that the test of
“reasonableness” as to what is of “reasonable belief”, is an
objective one. It is usually not what the arresting authority
considers reasonable, but whether the facts within their knowledge
at the time of the arrest disclosed circumstances from which it
could easily have been inferred that the person committed the
offence alleged. See the case of Ekpu & Ors vs. A.G.
(Federation) & Ors (1998) 1 HRLRA 391 at 419 – 420″.
– PER F. O. OHO, J.C.A

UNLAWFUL ARREST – REMEDIES
AVAILABLE TO A PERSON WHO IS UNLAWFULLY ARRESTED OR
DETAINED

Section 35(6) of the Constitution (as amended) provides that any
person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or
person. See the cases of Skye Bank vs. Njoku & Ors
(2016) LPELR – 40447 (CA); Arulogun vs. COP, Lagos State
& Ors. (2016) LPELR -40190 (CA).

The settled position of the law is that when once the arrest and
detention of a person is adjudged to be wrongful and unlawful, he
is entitled to the remedy stipulated by the Constitution. He needs
not specifically ask for it. See Skye Bank Plc vs.
Njoku & Ors (Supra); Nemi vs. A. G. Lagos State (1996) 6 NWLR (PT.
452) 42 AT 55 (D – E); Okoro vs. COP, Enugu State & Anor (2016)
LPELR – 41025 (CA); and Att-Gen. Of Lagos State vs. Keita (2016)
LPELR – 40163. Perhaps, to make matters worse for the
Appellants, at paragraph 10 of their averment in their Amended
Statement of Defence and paragraph 13 of their deposition on Oath,
the Appellants admitted that they were responsible for the
harassment, arrest, detention, remand of the Respondent at Oko
prison, so that the regime of humiliation, physical and mental
torture, agony anxiety, inconveniences and loss of income of the
Respondent referred to at paragraphs 12, 16, 17, 19, 20 and 22 of
the Plaintiffs written deposition on Oath, were caused by the
reckless, corrupt and nefarious display of power by the Appellants.
See pages 228 to 233 of the records. It is further settled in law
that an unlawful arrest and detention, no matter how short entitles
the applicant to compensation. See Arulogun vs. COP
(Supra).- PER F. O. OHO, J.C.A

UNLAWFUL ARREST AND DETENTION – WHETHER AN APPLICANT IS
ENTITLED TO COMPENSATION WHERE HIS UNLAWFUL ARREST AND DETENTION IS
SHORT

“It is further settled in law that an unlawful arrest and
detention, no matter how short entitles the applicant to
compensation. See Arulogun vs. COP (Supra)”. PER
F. O. OHO, J.C.A

Statutes Referred To:

Evidence Act 2011
Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of
the Federation of Nigeria

By Legalpedia

NIGERIA CUSTOMS SERVICE BOARD & ANOR V. DR. D.
RUDRAKHOSERE HARGAAL GAR

suit no: CA/B/420/2014

Legalpedia Electronic Citation: (2021)
Legalpedia (CA) 11190

Areas Of Law:  

Appeal, Constitutional Law, Criminal Law And Procedure,
Fundamental Rights, Practice And Procedure

Summary Of Facts:

The Respondent commenced this Fundamental Rights action against
his unlawful arrest and detention before the Federal High
Court, Benin Division wherein the Respondent took out a Writ of
Summons against the Appellants seeking for the Sum of N5,000,000.00
(Five-Million) Naira as General Damages and $50,000.00 (Fifty
Thousand US Dollars) as Special Damages.

In its defence, the Appellants contended that the alleged arrest
and detention of the Respondent was done in the exercise of a
lawful duty.

In its judgment, the lower Court entered judgment for the
Respondent and awarded the sums of N5, 000,000.00 (Five-Million)
naira only as general damages and N50, 000.00 (Fifty-Thousand)
Naira cost against the Appellants. Dissatisfied with the judgment,
the Appellants appealed against the judgment to the Court of
Appeal, Benin Division vide their Notice of Appeal raising two
Grounds of Appeal.

HELD:
Appeal Dismissed
ISSUES FOR DETERMINATION

Ø Whether the learned trial Judge was right to hold that
the alleged arrest and detention of the Plaintiff was unlawful,
even when the arrest and detention were done in furtherance of the
lawful duty to prosecute the Plaintiff for evading payment of
custom duty.

Ø Whether the learned trial Judge was right to award the
sum of N5,000,000.00 (Five Million naira) as general damages to the
Plaintiff even when the Plaintiff had not established unlawful
arrest, detention, mental agony and malicious prosecution or any
other acts that impugned his reputation.

RATIONES

RIGHT TO PERSONAL LIBERTY – WHETHER THERE IS
AN ABSOLUTE GUARANTEE OF THE RIGHT TO
PERSONAL LIBERTY OF AN INDIVIDUAL

“In deciding, however, if only for a brief moment to subject the
provision of Section 35(1) of the Nigerian Constitution 1999 as
amended, to a microscopic examination, since the Appellants seem
here to have taken solace under the said provision, in buttressing
their arguments in support of the illogicality of their claims,
that there are no such things as an absolute guarantee of the
liberty of the individual, so long as it can at anytime be
curtailed under any of the circumstances permitted under the law,
it is apposite, perhaps, to state here that the test of
“reasonableness” as to what is of “reasonable belief”, is an
objective one. It is usually not what the arresting authority
considers reasonable, but whether the facts within their knowledge
at the time of the arrest disclosed circumstances from which it
could easily have been inferred that the person committed the
offence alleged. See the case of Ekpu & Ors vs. A.G.
(Federation) & Ors (1998) 1 HRLRA 391 at 419 – 420″.
– PER F. O. OHO, J.C.A

UNLAWFUL ARREST – REMEDIES
AVAILABLE TO A PERSON WHO IS UNLAWFULLY ARRESTED OR
DETAINED

Section 35(6) of the Constitution (as amended) provides that any
person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or
person. See the cases of Skye Bank vs. Njoku & Ors
(2016) LPELR – 40447 (CA); Arulogun vs. COP, Lagos State
& Ors. (2016) LPELR -40190 (CA).

The settled position of the law is that when once the arrest and
detention of a person is adjudged to be wrongful and unlawful, he
is entitled to the remedy stipulated by the Constitution. He needs
not specifically ask for it. See Skye Bank Plc vs.
Njoku & Ors (Supra); Nemi vs. A. G. Lagos State (1996) 6 NWLR (PT.
452) 42 AT 55 (D – E); Okoro vs. COP, Enugu State & Anor (2016)
LPELR – 41025 (CA); and Att-Gen. Of Lagos State vs. Keita (2016)
LPELR – 40163. Perhaps, to make matters worse for the
Appellants, at paragraph 10 of their averment in their Amended
Statement of Defence and paragraph 13 of their deposition on Oath,
the Appellants admitted that they were responsible for the
harassment, arrest, detention, remand of the Respondent at Oko
prison, so that the regime of humiliation, physical and mental
torture, agony anxiety, inconveniences and loss of income of the
Respondent referred to at paragraphs 12, 16, 17, 19, 20 and 22 of
the Plaintiffs written deposition on Oath, were caused by the
reckless, corrupt and nefarious display of power by the Appellants.
See pages 228 to 233 of the records. It is further settled in law
that an unlawful arrest and detention, no matter how short entitles
the applicant to compensation. See Arulogun vs. COP
(Supra).- PER F. O. OHO, J.C.A

UNLAWFUL ARREST AND DETENTION – WHETHER AN APPLICANT IS
ENTITLED TO COMPENSATION WHERE HIS UNLAWFUL ARREST AND DETENTION IS
SHORT

“It is further settled in law that an unlawful arrest and
detention, no matter how short entitles the applicant to
compensation. See Arulogun vs. COP (Supra)”. PER
F. O. OHO, J.C.A

Statutes Referred To:

Evidence Act 2011
Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of
the Federation of Nigeria