The suit leading to this appeal originated as an application by Mr. Christian Umeh (now respondent) for the enforcement of his fundamental rights brought pursuant to the Fundamental Rights (Enforcement Procedure) Rules 1979 in which he claimed several reliefs

At the trial Court, Mr. Chika Anakwe who was 1st respondent, had written a petition to the National Committee on Financial Crimes, which the applicant annexed as Exhibit FA1 to the further affidavit, wherein he stated: "...I now wrote a petition to the National Committee on Financial Crimes Milverton Lagos stating in clear terms that Mr. Umeh had obtained money from me through tricks (419). Christian was arrested and detained at NDLEA Office Aba and later released". Because he was busy evacuating goods in his shop the goods were removed by the NDLEA officials and packed safely...

I have no combined business with Christian. He only came to me for help which I helped him. I gave him 2 million initially. After a while I gave him another 800,000.00. Christian said he wanted to use the money to buy tailoring materials and there is a document covering this.

On 10th April, about 10p.m. some NDLEA officials went to his house and arrested him as a result of my petition at Milverton Lagos - National Committee on Financial Crimes. He was detained for some days.

All the goods in his shop were removed and packed somewhere in Aba. Nothing was sold. Everything is intact..."

The learned trial Judge in his judgment analysed the affidavit evidence and made the following findings:

I find it established by evidence before me that the 1st respondent caused the arrest and detention of the applicant for about one month without justifiable cause. Of course, the applicant maintained that he was severely tortured and dehumanized during his detention and he took ill. Further, the respondents carted away the applicant's goods from his shop when there was no Court order empowering them to do so. I am therefore in agreement with learned counsel to the applicant that these were infractions of the fundamental rights of the applicant as enshrined under the Constitution of the Federal Republic of Nigeria. The respondents took the law into their hands and subjected the applicant to undeserved trauma as graphically presented in paragraphs 15, 16, 17, 24 and 27 of the facts relied upon in this application. I accept the submission of applicant's counsel that failure of the respondents to justify their acts against the applicant, entitles him to award of compensatory and exemplary damages. See: Olisa Agbakoba v. The Director SSS (1994) 6 NWLR (Pt.351) 475: Ekpu v. A.G. Federal (1998) 1 HRLRA 391 and Section 35(6) of the Constitution.

In view of my findings in this suit, I hereby grant reliefs (i), (ii), (iii) (v) and (vi) prayed for by the applicant. For purpose of clarity regarding relief (v), the respondents are ordered jointly and severally to pay the sum of 4.2 million to the applicant for his goods which they unlawfully carried away, except they can return the goods intact... I award against the respondents in favour of the applicant, exemplary damages in the sum of 800,000.00 (Eight hundred thousand Naira only)" See: pages 81 - 82 of the records.

The respondents, with the exception of the 1st respondent were aggrieved and appealed against the judgment of the trial Court. The 1st respondent at the trial Court was made 2nd respondent in the Notice of Appeal. The appeal was dismissed by the Court of Appeal, Owerri on 28 November, 2014, thus prompting a further appeal to this Court. On 23 October, 2017 a Notice of discontinuance of the appeal against the 2nd respondent was filed and granted on the same date.