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CaseLaw

CBN & Ors V. Okojie (2015) CLR 6(e) (SC)

Judgement delivered on June 5th 2015

Brief

  • Public officer - Limitation period for bringing action against
  • Statute barred action
  • Award of damages
  • Exemplary damages
  • Averments
  • Unchallenged/uncontroverted evidence
  • Federal High Court
  • Jurisdiction
  • Malicious prosecution
  • Section 230 of the 1979 Constitution now Section 251 of the 1999 Constitution
  • Section 251(1)(a) to (c) of the Constitution
  • Section 2(a) of the Public Officers Protection Act
  • Section 23 of the Police Act
  • Section 251 (1) (r) of the 1999 Constitution
  • Section 251 of the 1999 Constitution
  • Section 251(p) (q) (r) of the 1999 Constitution
  • Section 131 of the Evidence Act 2011
  • Section 132 of the Evidence Act 2011
  • Section 133 of the Evidence Act 2011

Facts

The Respondent as Plaintiff sued the Appellants as Defendants on a Writ of Summons and Statement of claim which reads:

"The Plaintiff claims against the Defendants jointly, severally or in the alternative as follows:

  • 1
    The sum of N10,000,000.00 (Ten Million Naira) being the sum for unlawful arrest, unlawful/wrongful detention, Malicious prosecution and abuse of Legal process.
  • 2
    And for such further orders the court deems fit to meet with the Justice in this case.

The Plaintiff filed a thirty-five paragraph statement of defence on the 10th day of February 1997. The Appellants i.e. the 1st and 2nd Defendants filed a 4 paragraph statement of defence on the 5th day of March, 1997. The 3rd to 7th Appellants as the 3rd to 7th Defendants did not file a statement of defence. At the trial which commenced on the 21st day of January, 1998 it was only the Respondent as Plaintiff who testified in support of his case. Documents were admitted in evidence as Exhibits A, A1, A2, B, B1, C, C1, C2, D, E, F, G, H, J, K, L and M. Learned counsel for the 1st and 2nd Defendants Mr. Adesami barely cross-examined the Plaintiff. The 3rd to 7th Defendants did not join issues with the Plaintiff and did not file a written address. It was only the Plaintiff and the 1st and 2nd Defendants counsel who filed written address.

In a well considered judgment delivered on the 27th day of August, 1998, judgment was entered in favour of the Plaintiff. The judge said:"I therefore hereby award exemplary and general damages to the Plaintiff against the Defendants in the sum of N6, 500,000.00 (Six Million Five Hundred Thousand Naira) with 6% interest rate per annum until the whole judgment debt is entirely liquidated..."

The Appellants and the 2nd to 6th Respondents as Appellants lodged an appeal before the Court of Appeal, Lagos Division. In a considered judgment delivered on the 15th day of March 2004, the Court of Appeal affirmed the decision of the trial Federal High Court and dismissed the appeal. This appeal is against that judgment.

Issues

  • 1
    Whether the judgment of the Federal High Court which the Court below...
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