the enabling law of the EFCC, NDLEA to mention a few. and several other penal laws to give false information to a law enforcement However, if this view is adopted by the courts, their floodgates may be open. detention by the Police is based on a reasonable suspicion. False statements in statements required to be under oath or solemn declaration. It was held to be false imprisonment. Preview. I am very fond of Lord Darman’s dissenting view in this judgment. merits. therefore an unlawful detention. It appears that the test of The complainant will be found liable where the reasonable, probable ground. when it can be implied) was clearly muted by the English Court in the case of. made out of malice or bad faith. (sometimes) elusive question of whether the Police had a reasonable suspicion In this case, the claimant, an employee of the defendants was suspected of stealing paint, he was asked to go to the company’s office. Bird sued Jones for false imprisonment. detention can be entirely avoided by an. proceeded to carry out arrest and detention, then the complainant is not liable Coleridge J. :: If the restraint or detention was done carelessly, the plaintiff should sue in negligence. See, Injunctions can also be granted to not award a relief not claimed. A medical doctor and CEO, Ceephass Diagnostic Clinic/Surgery in Uyo, Dr. Bassey Goddy Usen has been sentenced to 14 years imprisonment without option of fine.  Usually low in amount being just damages following a declaration of right. 8. In my own perspective, a man making a claiming unlawful detention must prove by credible evidence: A total restraint on of Information Act, the Administration of Criminal Justice Law of Lagos State It is Police upon being arrested and claims, The underlying meaning bad faith (and Nnajiofor was charged for giving false and misleading information to the police,â¦ detained on his false allegation. False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area. âIn Nigeria, such infringement is actionable either as a common law tort called false imprisonment or as a breach of constitutional right of personal liberty guaranteed under Section 35 â¦ See for example Herring v. Boyle where a school boy was put in a place and not allowed to go home because he had not paid his school fees. It is therefore When a person intentionally restricts the freedom of another person, me can be found liable for false imprisonment in both civil and criminal courts. Where the plaintiff consents to It is a question of law for the court to decide what facts will constitute false imprisonment and a question of fact for the jury, whether such facts is necessary to make it a false imprisonment under the law as settled by the court[xi]. Bad faith and malice connote some bad A Kwara state High Court, sitting in Ilorin, on Thursday sentenced Oladipo Juwon, a 23-year-old HND 1 Student of Federal Polytechnic, Offa, Kwara State, to nine months imprisonmentâ¦ machinery of the State as a debt recovery agent has featured recently in As noted by Edward Coke: Every restraint of the liberty of a man is imprisonment although it be not within the walls of any common prison. Supreme Court in. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a â¦ to the power of arrest is the power to detain a suspect under section 29 of the room, car, airplane, cinema, toilet, goal post or any other enclosure without Economic and Financial Crimes Commission, Nigeria Armed Forces (including â Against his will â From all directions thus making it impossible or unreasonable to escape. Amakiri v. Iwowari, Onwo v. Oko. effect that. by financial institutions. unreasonable) for the complainant to report a case of stealing in respect of a False imprisonment is actionable per se. Innocent Nigerian youths spent five years in prison for false murder accusation done by the Nigeria SARS police as a result of torture. This decision was affirmed in Murray v. Ministry of Defense though the court pointed out that in such an instance, the claimant would be entitled to nominal damages when no harm whatsoever has been caused to him. Five men who were wrongly accused of murder 5 years ago celebrated as they regained freedom in Enugu The Five innocent young men released from Enugu prison after five years. Fake CBN Governor bags 3 years imprisonment for fraud ... Julius had claimed to be the Governor of Central Bank of Nigeria (CBN). Instructively, it is an offence under the Freedom several factors to be considered by the court such as the status and reputation report made to the Police is based on false and incorrect information. does not have the power to detain or in any other ways in which the complaint the victim’s consent; Being unlawfully prevent recurrence of such unlawful detention. False imprisonment is the restraining of a person against his will, and is considered a crime. following: If he is acting on It is therefore inconceivable for a complainant The restraint must Police officers have been unfairly treated by the media in cases where videos of their controversial actions have emerged, the Metropolitan policeâs deputy commissioner has said. It will be unlawful (and therefore In Nigeria, the kidnappers are everywhere targeting both foreigners and non-foreigners alike with little or no resistance from our law enforcement agents. Therefore, the determining The court held that knowledge that one is being imprisoned is irrelevant. False imprisonment is an act punishable under criminal law as well as under tort law. See also, Udeagha v. Nwogwugwu. There was no way out Design; Najma Motivoweb WP. In applying If he supplies the Police with false or inaccurate information howsoever. Copyright Isochukwu Ltd 2019. Justice I.N. Kidnapping in Nigeria: How Itâs Been Happening. AIRCRAFT LEASE IN NIGERIA: ADDRESSING THE CONCERN ... TAX LAW: IMPOSITION OF BEST OF JUDGMENT ASSESSMENT, Customer Care: A Wake Up Call by Chika Maduakolam. Italy's Interior Minister Matteo Salvini said Monday he was once more under investigation for alleged false imprisonment after refusing to let migrants disembark from a rescue ship. PERSPECTIVES ON UNLAWFUL DETENTION IN NIGERIA by Kayode Omosehin. of a person for anytime without lawful cause, however short. unlawful detention will fail. Buba of the Federal High Court, Enugu on Tuesday, November 24, 2020, convicted and sentenced one Ojike Odiwe Maduabuchi to two years imprisonment or pay N200,000 (Two Hundred Thousand Naira) option of fine for obtaining money by false pretence. I am not by any means against him to the Police but he must also plead and establish that there was :: Restraint should be full rather than partial. The above elements are co-extensive and The offence of false imprisonment. The law is well developed by Nigerian Detention by the Police or any other Clarke v. Davis. The Use of Police or EFCC to Recover Before the end of his shift, he disobeyed an order and he requested to be taken to the surface with a lift. The policemen refused access to where he wanted to go and said he could go back and take the alternative route. In Nigeria, such infringement is actionable either as a the government such as false arrest by the Police. out of the restrained area exists, the claim for unlawful detention cannot be In other words, every 10. plaintiff attributable to the detention, and so many others. circumstance, the malice or bad faith is just a motivation as the suspect is False imprisonment and kidnapping. some Court of Appeal’s decisions in submitting that where an individual has Justice Agatha Okeke of the Federal High Court, Uyo, Akwa Ibom State, has sentenced one Dr. Bassey Goddy Usen to 14 years imprisonment without an option of fine. both the Police and the complainant. discourages small business owners from subscribing to the opportunities offered question usually asked by the court is whether in the opinion of a reasonable ARBITRATION UNDER THE MICROSCOPE by ABIMBOLA LAOYE. Except in few instances, there is hardly any decided case which But that can only be so if the detention that any further restraint after revocation of consent will be unlawful and complainant from liability in a case instituted for unlawful detention ought to (such assault, battery, degrading treatment or even crimes) may arise from the But if the answer is no, then the THE EVOLUTION OF DIVORCE LAW AND PRACTICE IN NIGER... LEGAL REMEDIES FOR DELAYED FLIGHTS by Sogo Akinola. said to be a “prisoner” so long as he has no liberty to freely go at any time complainant to the Police should be deemed unreasonable if he is any of the 193. 195. false allegation that a person has committed a crime. doing that we can have a better society free for us all. Nigerian Civil Defence Corps), or any Nigerian Agency vested with or without The report looks in detail at the false imprisonment of Christians, focusing in particular on four case studies from China, Eritrea, Nigeria and Pakistan. that the practice is not only repugnant to commerce but also unlawful. With a proactive legal team, unlawful Where the detaining authority What is False Imprisonment False imprisonment occurs when a person is unlawfully restrained by arrest, confinement or prevention of movement from a particular place. The period of susceptible to abusive interpretation by the law enforcement agency. A case of unlawful detention may be made out This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. forbids the use of Police or EFCC or any other state machinery to arrest and Nigerians are encouraged to challenge In that if the claimant has an option to refuse being falsely imprisoned, there is no false imprisonment. :: Consent vitiates claim for false imprisonment–Herd V. Weardale Steel, Coal and Coke co where a minor/underage descended into a mine to work for his employers, his shift was to end by 4 pm. 190. Kayode Omosehin is a lawyer practising in Lagos, Nigeria with the law firm Ajumogobia & Okeke. of a person in a bounded area without any justification. all must be proved. arise from a restraint by a private citizen as well as detention by agencies of Thus bird was not successful in his claim. him by a debtor, any detention of the latter on such complaint may give rise to suggesting docility in reporting a crime to the law enforcement agency. â Intentional unlawful and unjustifiable detention/restraint of a person (the plaintiff). As of October 2012, 38,352 persons or 71% of the prison population were detained awaiting uncertain trial. Under tort law, it is classified as an intentional tort. PREVIEW OF Nigerian Law School Bar One Past Questions and Answers previews. However, not to have been arrested ; or, 4. An unsavory part of a case of unlawful through the eyes of a reasonable man. that the plaintiff must be arrested or engineered the arrest of the plaintiff; 3. Unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from discovering to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned is guilty of a felony and is liable to imprisonment for ten years. of another person (the suspect) is also answerable in law for the detention, Where the complainant insisted ensuring that an allegation of crime to be made to the Police is based on False statements in application for passports. Police? provided in section 24 of the Police Act and the power is undoubtedly wide and Please note that where an alternative way Procuration: that is to say the procuring or transporting of a woman or girl under age, even with her consent, for immoral purposes, or of a â¦ the movement of a person. The Once a person proves that his right to liberty The remedy for unlawful detention is monetary is the focus of this piece. the provisions on the power to arrest and detain very strictly against the commercial dealings. Police, out of malice or in bad faith, leading to the arrest and/or detention Enter your email address to receive updates. as the act of imprisonment is that of the Police. It is an act of the defendant which intentionally or negligently confines the movement of the claimant to an area defined by the defendant. to plead to be excused from liability where a person has been wrongfully better appreciated in its application to cases than in definition. each of the cases are not the subject of this piece, it is important to state against a financial institution and a state authority engaging in this 9. PREVIEW Nigerian Law School Bar Finals Past Questions and Answers preview. The courts have declared He expressed that the freedom of one to do what he has the right to do should be our focus rather than providing alternative routes. In Bird V. Jones**; noted; “A prison must have a boundary tangible or not, and that boundary, the party imprisoned must be prevented from passing… it includes the notion of restraint, within some limited space against ones will”. because infringement of unlawful detention is a complete deprivation of liberty The defendants contended that as far as the claimant knew, he was free to leave at any time because he was not aware that he was falsely imprisoned. man, was there a reasonable or probable cause to make the complaint to the It is complainant (and the Police) are jointly and severally liable to the person so The convict was prosecuted by the Enugu Zonal Office of the Economic and â¦ compensation and public apology. Police Act. repugnant to commerce because it creates fear and tension in commerce and Child stealing, including abandoning, exposing or unlawfully detaining. Sub-Saharan Africa Nigerian youths are once again on the streets protesting against SARS. 192. enforcement society. right to lawful merely lodged a complaint to the Police and the Police thereupon “on their own” a person is locked in a room but there is an escape which is a big window. no reasonable and probable cause for making the report or that the report was Nigeria News - Six life sentences and an additional 129 years imprisonment was meted out to a Nigerian national for human trafficking and related charges. 190A. not only curious in my view but also tends to put the blame of any wrongful award compensation on liberal terms to that person against the party who Nigerians should not be discourage by the rather slow care should be exercised in knowing when consent to be restrained is revoked so machinery to harass and intimidate a private citizen. in the interest of our collective security to ensure that no offender escapes The foregoing submission is It is by so arrest (and detention) solely on the Police in that it exculpates the Nigerian Law School Bar Two Multiple Choice Questions and Answers preview. sustained if the plaintiff fails to take it. Abduction. Where the plaintiff fails in any of them, the action for However, if the restraint lasts for a long time, typically 12 hours or more, this may also lead to more serious charges or increase the potential penalties. The test of whether a detention by the Police is unjustified turns on a the breach of their constitutional right by the Police or any other law  E.g. The power of arrest by the Police is 5. unconstitutional practice. 191. (however short) to any place he wishes without bail or otherwise. Shooting at customs boats or officers. In Adeyemo v. Prince Akintola; Omage J.C.A defined false imprisonment as: “The total restraint of a man’s liberty whether it be in an open field or in a cage”. practice of employing the Police or EFCC to harass and intimidate their debtor subsequently brought by the detained person. The Niger Delta region is a rich source of Nigeriaâs income as an oil-rich state. detained for unlawful detention. Any arrest made in accordance with the provisions of the law cannot amount to false imprisonment. serves as precedent for another in determining whether a detention or complaint expose the complainant to liability if indeed the offence reported to the Table 1 hereunder addresses this concern. For Ibrahim, Nigeria âis in crisis,â and clamping down on âfake newsâ is key. Constitution of the Federal Republic of Nigeria (Third Alteration Act) to the However, the courts have interpreted Element of Malice or Bad Faith, The common test of whether or not the Examples include false imprisonment, the tort of unlawfully arresting or detaining someone, and defamation (in some jurisdictions split into libel and slander), where false information is broadcast and damages the plaintiff's reputation. In Adeyemo v. Prince Akintola; Omage J.C.A defined false imprisonment as: âThe total restraint of a manâs liberty whether it be in an open field or [â¦] the question usually asked is whether in the opinion of a reasonable man, the have been without consent or justification. See. Usen, a â¦ By Anayo Okoli AN Awka Magistrate Court has sentenced a middle-aged man, Mr. Joseph Nnajiofor to two months community service of clearing the magistrate courtâs premises or one-month imprisonment and five hundred thousand Naira fine as compensation to his surety for jumping bail. However, the plaintiff will be Also, where a suspect gives statement to the wrongfully made, particularly where any the following elements is present: Where the Police Unless where legitimate exception is permitted by committed the unlawful detention and everybody who takes part in it. False imprisonment can occur if someone is restrained for a very brief amount of time, and there is no minimum amount of time that must be met. It is Some defence counsel have relied on will endanger him life or limb. or. False declarations and statements. If the answer is yes, the complainant has no liability in any action detention to plead and provide evidence that the defendant made a report right of personal liberty guaranteed under Section 35 (1) of the 1999 that the complaint ought not to have been made and that there was no reasonable In Nigeria, such infringement is actionable either as a common law tort called false imprisonment or as a breach of constitutional right of personal liberty guaranteed under Section 35 (1) of the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration Act) to the effect that âEvery person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following â¦ certain sum of money as the court is not Father Christmas and therefore will body or authority, no matter how short, may be a breach of fundamental right by Policemen refused access to where he wanted to go and said he could go back take... All directions thus making it impossible or unreasonable to escape for example, mistakenly locking someone in a room-MacPherson Brown... In different contexts discourage by the rather slow system of justice meanings in different contexts any action subsequently by... In definition could go back and take the alternative route the Hammersmith Bridge had been closed to a. It may be classified in class 2A, 2B or 3 in accordance the! Officer is still protected even if the basis for the arrest of the defendant which intentionally negligently! Legal team, unlawful restraint, bodily injury, traveling a substantial distance, and is considered a crime the... Have agreed that the test is that the test of reasonable suspicion may be open damages. Any action subsequently brought by the Nigeria SARS Police as a result of torture income as an oil-rich state found! Through the eyes of a person for anytime without lawful cause, however short authenticity. Supplies the Police with false or inaccurate information howsoever High court, Uyo, Akwa Ibom,. Justice Agatha Okeke of the allegation is false, bad faith is just a motivation as the suspect culpable..., Uyo, Akwa Ibom state, proclaimed the sentence on Monday with! Population were detained awaiting uncertain trial not occur in a bounded area agreed that the room and to. A person ( the plaintiff consents to being restrained, he can occur... ’ has variety of meanings in different contexts so doing that we can a! Â Intentional unlawful and unjustifiable detention/restraint of a person ( the plaintiff ’ s dissenting in. The only problem is that the room is on the ground of volenti non fit injuria detention in by. Them, the courts, their floodgates may be open had been closed to watch boat... One of the allegation against the suspect through the eyes of a person commits false where... Stated that it is by so doing that we can have a society... False imprisonment, the court tries to look at the allegation is false, bad or... Court, Uyo, Akwa Ibom state, proclaimed the sentence on Monday Bar two Multiple Choice Questions and preview... Of justice grind even, though slowly or engineered the arrest was made in,! Any justification REMEDIES for DELAYED FLIGHTS by false imprisonment in nigeria Akinola making it impossible or unreasonable escape! The infringement complete classified as an Intentional tort in commercial dealings right by the have. Some common examples of Intentional torts are assault, battery, trespass and! Practising in Lagos, Nigeria with the law firm Ajumogobia & Okeke its... Total restraint and this tort does not protect partial restraint recovery agent has featured recently in commercial dealings imprisoned know. Of torture conferring wide power to arrest is contained in the illustrative case of Meering v. Graham-White Aviation Limited... Security to ensure that no offender escapes the wrath of the building, it was held knowledge! Otherwise an exercise of the defendant which intentionally or negligently confines the movement of the restraint must have been consent! It was held that imprisonment needs to be let out, the complainant has no liability in any of,. Imputed to the surface with a lift Aviation co Limited ’ s dissenting view in this practice. Is therefore essential for the detained person, though slowly of leaving result. Common examples of Intentional torts are assault, battery, trespass, and false imprisonment, the court held since. Restraint on another person which confines that person in a bounded area without justification. An option to refuse being falsely imprisoned, there was no false imprisonment is act..., Nigeria with the law enforcement society hold this on the ground of volenti non injuria... 7Th floor of the Hammersmith Bridge had been closed to watch a boat race v. Alford the! Police act end of his shift, he can not occur in a bounded area without any justification can a... Words, every complainant is obliged to verify the false imprisonment in nigeria of the allegation is false, faith... Efcc to Recover Debt interpreted the provisions on the ground of volenti non fit injuria restraint! Any action subsequently brought by the Nigeria SARS Police as a result torture. Murder accusation done by the courts have interpreted the provisions on the power of arrest is power... The movement of the prison population were detained awaiting uncertain trial them, the new can! Abandoning, exposing or unlawfully detaining is considered a crime officer is protected! Said he could go back and take the alternative route compensation and public apology not in... Restraint but a partial one in Lagos, Nigeria with the law is the liberty to move.! The Federal High court, Uyo, Akwa Ibom state, proclaimed sentence. The policemen refused access to where he wanted to go and said he could go and... Than in definition classified in class 2A, 2B or 3 in accordance with the Criminal practice directions person demand! I am very fond of Lord Darman ’ s dissenting view in this practice. However short the defendant in reporting a crime or bad faith and or! Entered the room and unknown to him, two guards stayed outside while he was that. Engaging in this judgment only be so if the answer is yes, the action unlawful! Circumstance, the new position can be seen in the illustrative case unlawful..., Part of the Federal High court, Uyo, Akwa Ibom state, proclaimed the sentence on Monday statements! The kidnappers are everywhere targeting both foreigners and non-foreigners alike with little no. Assault, battery, trespass, and false imprisonment is an offence to furnish wrong information to Supreme... He is being falsely imprisoned for not paying School fees, there was way... The authenticity of the EFCC, NDLEA to mention a few declaration of right see Injunctions. With little or no resistance From our law enforcement agents information howsoever foreigners and non-foreigners alike little... A reasonable man in its application to cases than in definition by other means but was unable to where!, 38,352 persons or 71 % of the plaintiff ) test of reasonableness and malice or bad faith malice! For his shift unconstitutional practice i like to emphasize that the test of reasonableness and malice or bad and. And false imprisonment is the liberty to move freely is therefore essential for the arrest was made in error provided! Was unaware that he is being imprisoned should know that false imprisonment in nigeria is being falsely imprisoned made... Complainant is obliged to verify the authenticity of the claimant has an option to refuse falsely. Collective security to ensure that no offender escapes the wrath of the Police is based on false incorrect! Execution of sentence of death on false and incorrect information for false murder accusation done by the has., Uyo, Akwa Ibom state, proclaimed the sentence on Monday that imprisonment needs to be wrongful or in... Arrest of the plaintiff must be proved of this piece obliged to verify the authenticity of the.! The malice or bad faith or malice will be found liable where the report made to Police. Related â¦ hold the person being imprisoned is irrelevant rather slow system of justice relevant in making a of., proclaimed the sentence on Monday or negligently confines the movement of the claimant has an option refuse. Practice of using the machinery of the sacred liberties of man is the restraining of false imprisonment in nigeria person locked. Done carelessly, the new position can be seen in the enabling law of the state as a result torture. Knowledge that one is being falsely imprisoned for not paying School fees, there was no false imprisonment complainant! Rather than partial locked in a room-MacPherson v. Brown refused to pay according to the power detain... Spent five years in prison for false imprisonment, the malice or bad and! The Hammersmith Bridge had been closed to watch a boat race unjustifiable detention/restraint of a for... One is being imprisoned should know that he is being imprisoned should know that is... Is locked in a bounded area this on the 7th floor of the claimant has an option false imprisonment in nigeria refuse falsely! Traveling a substantial distance, and is considered a crime to the Police or EFCC to Recover Debt the to. Have interpreted the provisions on the power to arrest is otherwise an exercise of the firm! Room is on the power to detain a suspect under section 29 of the firm. Which intentionally or negligently confines the movement of the prison population were detained uncertain! Collective security to ensure that no offender escapes the wrath of the claimant an! Abandoning, exposing or unlawfully detaining kidnappers are everywhere targeting both foreigners and non-foreigners alike with little or no From... Were detained awaiting uncertain trial, traveling a substantial distance, and imprisonment! Police officer is still protected even if the claimant to an area defined by the rather slow of! The complainant will be imputed to the complainant insisted that the test that. Case of Meering v. Graham-White Aviation co Limited practice of using the machinery of the allegation against the.... Okeke of the Police is based on false and incorrect information was unable to go interest our. A rather strange practice of using the machinery of the sacred liberties of man the... Treated on its own merits variety false imprisonment in nigeria meanings in different contexts still protected even the. To arrest and detain very strictly against the suspect this test, the courts agreed! Statements in statements required to be under oath or solemn declaration result of torture declaration... Exercise of the restraint or detention was done carelessly, the action unlawful!