CORAM

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Onyekachi Aja Otisi Justice Court of Appeal

James Gambo Abundaga Justice Court of Appeal

Muslim Sule Hassan Justice Court of Appeal

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PARTIES

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MUKHTAR LUKMAN LADAN

APPELLANTS 

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ENGR. MUHAMMAD KABIR LAWAL

RESPONDENTS 

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AREA(S) OF LAW

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CIVIL LAW, TORTS, DAMAGES, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, POLICE POWERS, COMPANY LAW

 

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SUMMARY OF FACTS

The Respondent sued the Appellant for damages claiming unlawful arrest and detention based on false information given to police. The Respondent claimed he was contracted to supervise construction of police housing estate by Vascumi Nigeria Limited after the Appellant was removed as director. The Appellant countered that he personally engaged the Respondent and reported him to police for mismanaging the project. The trial court awarded N5,000,000 damages to the Respondent while dismissing Appellant’s counterclaim, leading to this appeal.

 

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HELD

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1. The appeal succeeded in part – the award of N5,000,000 damages was set aside.

2. The judgment regarding the counterclaim was affirmed as Appellant made no submissions on it.

3. The court held mere lodging of complaint to police cannot ground liability for false imprisonment.

 

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ISSUES

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1. Whether the lower Court was right in awarding N5,000,000 damages against the Appellant for the arrest and detention of the Respondent by police acting on Appellant’s complaint.?

2. Whether the lower Court was right in holding that the Appellant did not adduce compelling evidence to prove his counterclaim.?

 

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RATIONES DECIDENDI

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POLICE DUTY – STATUTORY OBLIGATION TO INVESTIGATE:

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“Section 214 of the Constitution 1999 (as Amended) recognizes one Police Force for Nigeria and the said Police are given a duty under Section 4 of the Police Act to prevent and detect crime, apprehend offenders, preserve law and order, protect life and property and enforce all laws and regulations with which they are directly charged.” – Per M.S. Hassan, J.C.A.

 

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COMPLAINT TO POLICE – RIGHT TO REPORT:

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“The Appellant was acting within his right in taking his complaint against the Respondent to the Police. It is for the Police to investigate the complaint and upon the result of their investigation, to take appropriate action.” – Per M.S. Hassan, J.C.A.

 

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DAMAGES – APPELLATE INTERFERENCE:

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“Damages are awarded to assuage loss suffered by a plaintiff from the acts of a defendant, is a matter of inference based on the trial Court’s discretion. And appellate Court ought not to interfere with such award of general damages unless…”- Per M.S. Hassan, J.C.A.

 

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POLICE INVESTIGATION – LIABILITY FOR COMPLAINT:

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“The law clearly supports a person who had good reasons to make a report to the Police about an offence so long as he leaves them to use their own discretion in taking further step.” – Per M.S. Hassan, J.C.A.

 

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FUNDAMENTAL RIGHTS – LIMITATION:

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“The Fundamental Rights (Enforcement Procedure) Rules are not meant to shield any citizen from criminal investigation or to be used to stultify the investigation of an alleged crime.”- Per M.S. Hassan, J.C.A.

 

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SETTING LAW IN MOTION – MERE COMPLAINT:

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“Whether a person who merely lays a complaint to the police that an offence was committed, as the appellant in this case can be held liable for malicious prosecution…”- Per J.G. Abundaga, J.C.A.

 

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AWARD OF DAMAGES – BASIS:

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“It is not sufficient reason that at the time he made the complaint he had been allegedly removed as the director of the company on whose behalf he was alleged to have laid the complaint at a time that he was challenging his removal in Court.”- Per J.G. Abundaga, J.C.A.

 

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POLICE INVESTIGATION – DISCRETION:

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“In this case, there is no police report to show that the Appellant made false allegations against the Respondent.”- Per M.S. Hassan, J.C.A.

 

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LIABILITY FOR POLICE ACTION – INSTIGATION:

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“There is no evidence that the Police acted at the behest or instigation of the Appellant to deprive the Respondent of his personal liberty.” – Per M.S. Hassan, J.C.A.

 

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ABANDONMENT OF ISSUES – EFFECT:

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“The appellant did not make any submission on his second issue on the prove of his counter claim… Therefore, issue two is deemed abandoned and struck out.” – Per M.S. Hassan, J.C.A.

 

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DISTINCTION – COMPLAINT VS PROSECUTION:

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“The difference between merely making a report and setting the law in motion was given… In Nigerian situation, once a report or complaint is made to the police and strenuously pursued…”- Per M.S. Hassan, J.C.A.

 

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LEGITIMATE POLICE DUTIES – IMMUNITY:

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“In the legitimate discharge of their duties they cannot be sued in Court for breach of Fundamental Rights.” – Per M.S. Hassan, J.C.A.

 

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ABSURD REASONING – APPELLATE REVIEW:

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“I find the reasoning absurd. The Court rightly found that the Appellant was not responsible for the arrest and detention of the Respondent but found some grounds which I fail to comprehend to make the award of damages.” – Per J.G. Abundaga, J.C.A.

 

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CASES CITED

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STATUTES REFERRED TO

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1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)

2. Police Act

3. Criminal Procedure Act

4. Fundamental Rights (Enforcement Procedure) Rules, 2009

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