SABOTU ARIKU & ANOR VS YESUFU BALE AJIWOGBO
September 4, 2025EKINE EZE & ORS VS CHIEF ORUWARI EKPIDIE OWUSOH & ANOR
September 4, 2025Legalpedia Citation: (2022-03) Legalpedia 25299 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Nov 15, 1962
Suit Number: SC 211/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
ONYEAMA, JUSTICE SUPREME COURT
PARTIES
WURAOLA KUKU AND ORS
APPELLANTS
FATUMO OLUSHOGA
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—FALSE IMPRISONMENT—APPEAL
SUMMARY OF FACTS
The defendant had reported to the police that the plaintiff has stolen her gold cord chain, the police obtained a search warrant to search the plaintiffs’ house, a cord chain was found, they both appeared before the superintendent police who gave the plaintiff the cord chain and closed the case file. The plaintiff/appellant had sued the defendant/respondent for false imprisonment and slander, claiming damages.
HELD
Appeal dismissed
ISSUES
Not Available
RATIONES DECIDENDI
POWERS OF A MAGISTRATE TO ISSUE A SEARCH WARRANT
“Section 107(1) of the Criminal Procedure Act empowers a magistrate to issue a search warrant which may include an authority “to apprehend the occupier of the house or place where the thing was found.” Per ONYEAMA, Ag., F.J.
FALSE IMPRISONMENT
“There was clear evidence that the search warrant was grounded upon information sworn, not by the respondent, but by a policeman. The issue of a search warrant being a judicial act and being interposed between the complaints made to the police by the respondent and the detention of the appellant, relieved the respondent of liability for the imprisonment of the appellant.” Per ONYEAMA, Ag., F.J.
CASES CITED
1. Austin v. Dowling, L.R. 5 C.P. 534
2. Sewell v. National Telephone Company, (1907) 1 K.B. 557
STATUTES REFERRED TO
1. The Criminal Procedure Act
2. The Criminal Procedure Rules: Vol. VII Laws of Nigeria 1948.
