The plaintiff/respondent was billed to attend the 8th Biennial conference of the International Bar Association schedule for Edinburgh, Scotland. While waiting to board a British Airways flight en route London on the 7th of June 1995 in Lagos an officer of the State Security Service approached him and demanded for his passport. The plaintiff obliged by giving up to the officer his passport No. A610841 as a result of which he could not attend the Bar Conference scheduled to hold between the 10th and 15th June, 1995; hence the action by the plaintiff/respondent against the defendant/appellant.

On 26/6/95 the court below sat and adjourned the case for hearing on 3rd July 1995 on which day neither the defendant/appellant nor his counsel was present in court where upon the counsel for the plaintiff/respondent was called upon to make his submissions. The court later adjourned the case for judgment on 27th July 1995. The counsel for the defendant/appellant was present in court on 27th July, 1995 the date of the judgment and sought, in vain, the leave of the court to enter the defendant/appellant’s defence. Upon the instant refusal of the leave the court below proceeded to deliver its judgment; it held inter alia:

“As already indicated above, the Honourable Attorney-General of the Federation did not deign to put up appearance or appoint a counsel to represent him even though he is very well aware of the present proceedings ……………………..

As things are, the plaintiff has shown beyond a shadow of doubt that the defendant acted in an unconstitutional manner and no reason has been advanced to justify or explain such an arrogant and capricious exercise of power. Since the defendant did not file any counter-affidavit I am obliged to rely on the facts contained in the 22 – paragraph affidavit sworn to by the plaintiff in support of the present application.

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With the foregoing factors in view, I have come to the clear conclusion that the plaintiff shall be awarded the sum of €700 or its naira equivalent plus N1,000.00 representing payment for airport tax as special damages and the sum of N2 million (two million naira) as general and exemplary damages. In the result judgment is hereby entered in favour of the plaintiff on all the four reliefs as claimed save for the quantum of damages as stipulated herein,”