OKPOWAGHA & ANOR V. EWHEDIMA
August 28, 2025YOUNIS V. CHIDIAK AND OTHERS
August 28, 2025Legalpedia Citation: (1970) Legalpedia (SC) 56111
In the Supreme Court of Nigeria
Fri May 1, 1970
Suit Number: SC 39/1968
CORAM
LEWIS, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
OTERI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st Defendant arrested the Plaintiff without lawful justification and falsely charged him of failing to pay tax or rate in respect of the current financial year.
HELD
The Supreme Court held that the judge on appeal was in error in reversing the trial court. The judgement of the Judge on appeal was set aside and the judgement of the Chief Magistrate awarding the plaintiff, as against the 1st defendant, £100 damages and 35 guineas costs was restored. Appeal allowed
ISSUES
Whether the learned judge on appeal was right to reverse the learned Chief Magistrate and to find that there was reasonable suspicion for the 1st defendant to arrest and detain the plaintiff.
RATIONES DECIDENDI
ARREST WITH LAWFULL JUSTIFICATION
“In our view the test to be applied, with the onus of proof on a defendant seeking to justify his conduct, was laid down in 1838 by Tindal, C.J. in Allen v. Wright 8 Car. and P. 522 where he said that it must be that of a reasonable person acting without passion and prejudice.” Per LEWIS JSC.
CASES CITED
McArdle v. Egan [1933] All E.R. Rep. 611 at 613
Allen v. Wright 8 Car. and P. 522
Dallison v. Caffrey [1965] 1 Q.B. 348
STATUTES REFERRED TO
