CORAM
OGUNDARE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MOHAMMED BELLO, JUSTICE, SUPREME COURT
PARTIES
SUNDAY EMEZUE
APPELLANTS
1. E.E.O. OKOLO
2. C.N. NEDUM
3. ANTHONISUS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – UNLAWFUL DETENTION
SUMMARY OF FACTS
The Plaintiff claimed against the defendants jointly and severally the sum of £1,000,000.00 (N2,000,000.00) as special and general damages for unlawful detention in the police station at Umuahia.
HELD
The Court held that this appeal, therefore, succeeds and it is allowed. The judgment of the learned trial Judge dismissing the plaintiff/appellants claim on 28th September, 1973, including the order made by him as to costs, is set aside. Instead, we hereby order that the case be tried de novo before another judge of the High Court of Imo State, where the parties shall be at liberty to amend their pleadings if they are so advised.
The plaintiff/appellant is awarded the costs of this appeal assessed at N460.00 against the defendants/respondents. The costs of the retrial shall abide the result.
ISSUES
Whether, on the pleadings, there may be a case of unlawful detention of the plaintiff/appellant by the defendants/respondents in the Umuahia Police Station at the material time.
RATIONES DECIDENDI
RIGHT OF AN ACCUSED TO FREEDOM OF MOVEMENT
“…the person arrested can only be “retained in custody” if the offence is of a serious nature and even then, the person – “shall be brought before a court or Justice of the Peace having jurisdiction with respect to the offence ……….. as soon as practicable whether or not the police inquiries are completed.” Per A. Fatayi-Williams J.S.C.
AN APPLICATION TO STRIKE OUT A STATEMENT OF CLAIM UNDER ORDER 33 RULE 19
“An application to strike out a statement of claim under Order 33 Rule 19, can only be granted if, and only if, –
(a) the claim discloses no cause of action against a defendant/applicant; or
(b) the claim is embarrassing, or scandalous or vexatious or an abuse of the process of the court.” Per A. Fatayi-Williams J.S.C.
CASES CITED
Woods v. Lyttleton & Ors. (1909) 25 LTB page 665.
STATUTES REFERRED TO
Eastern Nigeria High Court Rules (Cap. 61 of the Laws of Eastern Nigeria, 1963)
Criminal Procedure Act
Criminal Code