Legalpedia Citation: (2024-03) Legalpedia 77083 (CA)

In the Court of Appeal

Holden At KADUNA

Thu Mar 14, 2024

Suit Number: CA/K/38/2019

CORAM

Onyekachi Aja Otisi Justice

James Gambo Abundaga Justice

Muslim Sule Hassan Justice

PARTIES

1. ALEXANDER O. IBITOYE

APPELLANTS

KADUNA STATE TRAFFIC LAW ENFORCEMENT AUTHORITY (KASTELEA)

RESPONDENTS

AREA(S) OF LAW

APPEAL, CONSTITUTIONAL LAW, EVIDENCE, JUDGMENT, PRACTICE AND PROCEDURE, TRAFFIC LAWS

SUMMARY OF FACTS

On 15/09/2017, while driving his car, the Appellant was flagged down by the officer of the Respondent who demanded his driver’s license and vehicle particulars. He handed over the driver’s license but informed them that he left his vehicle particulars in his laptop bag at the office and he left the office upon receipt of an emergency call.

The Appellant claimed that the officers of the Respondent then told him that driving without the original particulars of the vehicle is an offense. He told the officers that he could call his secretary to produce the particulars here on the road but they insisted on taking him to their office. He drove the vehicle to the office of the respondent where he was booked for driving an unlicensed vehicle.

The Appellant claimed that all explanations and requests for a short time to produce the vehicle’s particulars fell on deaf ears. The officers of the respondent told him that even if he produced the particulars now, it was too late as the offense had already been consummated. He was fined N10,000 and his vehicle was impounded at the office of the Respondent.

Upon paying the fine of N10,000.00, his vehicle was released to him, and he left the office of the Respondent on the same date after spending over 2 hours with his vehicle impounded. It was upon this action of the respondent that the Appellant wrote to the respondent attaching his vehicle particulars and notifying her of his intention to seek legal redress.

The Respondent filed a counter affidavit, recounting her version of the day’s episode through one Yakubu Janet. The Trial Court granted the reliefs sought by the Appellant, who was Plaintiff at the trial Court, ordered the respondent to refund the fine of N10,000.00 received from the Appellant, and awarded exemplary damages of N20,000.00 only.

The Appellant was aggrieved with the decision of the Trial Court awarding him exemplary damages in the sum of N20,000.00 and appealed against it, hence the instant appeal.

HELD

Appeal allowed

ISSUES

Whether the Learned Trial Court judge was not wrong when he awarded the meager sum of N20,000 as against the Two Million Naira (N2,000,000) claimed by the Appellant against the Respondent as exemplary damages or as compensation for the unlawful arrest, detention, embarrassment, and humiliation caused to the plaintiff by the conduct of the respondent and/or its officers?

RATIONES DECIDENDI

EXEMPLARY DAMAGES – WHEN EXEMPLARY DAMAGES ARE AWARDED

Exemplary damages are damages awarded by the Court where the statute expressly authorizes it; where the act of the defendant is oppressive, arbitrary, or unconstitutional action by the servants of the government; where the defendant’s conduct had been calculated by him to make a profit for himself, which might or will exceed the compensation payable to the plaintiff. See Onagoruwa v. I.G.P. (1991) 5 NWLR (Pt. 193) 593 at 647-648. – Per M. S. Hassan, JCA

DAMAGES – THE PRIMARY OBJECT OF AN AWARD OF DAMAGES – TYPES OF DAMAGES

The primary object of an award of damages is to compensate the plaintiff for the harm done to him. A possible secondary object is to punish the defendant for his conduct in inflicting that harm. Such a secondary object can be achieved by awarding, in addition to the normal compensatory damages, damages which go by various names such as exemplary damages, punitive damages, vindictive damages, or even retributory damages. Retributory damages can come into play whenever the defendant’s conduct is sufficiently outrageous to merit punishment, such as where it discloses malice, fraud, cruelty, insolence, flagrant disregard of the law, and the like. See Eliochin Nigeria Ltd & Ors v. Victor Ngozi Mbadiwe (1986) LPELR-1119 (SC) per Obaseki JSC at page 28. – Per M. S. Hassan, JCA

DRIVING WITHOUT PARTICULARS – WHETHER THERE IS AN OFFENCE KNOWN TO LAW AS DRIVING WITHOUT PARTICULARS

…And the fact that there is no offence known to Law as driving without particulars makes the action of the respondent out of line, as the officers of the respondent should know better. – Per M. S. Hassan, JCA

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria 1999 (as amended)
2. Kaduna State Traffic Law Enforcement Authority Law, 2017
   

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