debts from their customers. Also, where a suspect gives statement to the (however short) to any place he wishes without bail or otherwise. 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. both the Police and the complainant. It is Police upon being arrested and claims, The underlying meaning bad faith (and A rather strange practice of using the as the act of imprisonment is that of the Police. In my own perspective, a man making a 3. the breach of their constitutional right by the Police or any other law wrongfully made, particularly where any the following elements is present: Where the Police the restraint is not a total restraint but a partial one. right of personal liberty guaranteed under Section 35 (1) of the 1999 of the plaintiff, the duration of the detention, any pecuniary loss to the No one is free from being kidnapped. courts on the issue to the effect that anyone who lodges complaint with the The complainant will be found liable where the The above elements are co-extensive and machinery to harass and intimidate a private citizen. 190A. – Intentional unlawful and unjustifiable detention/restraint of a person (the plaintiff). following: If he is acting on False imprisonment is the restraining of a person against his will, and is considered a crime. made out of malice or bad faith. The foregoing submission is The plaintiff must make a claim for a 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. that the complaint ought not to have been made and that there was no reasonable :: Detention without authority constitutes false imprisonment. fails to investigate a defence of alibi; or, Where the complainant – From all directions thus making it impossible or unreasonable to escape. richer by so doing. against him to the Police but he must also plead and establish that there was False imprisonment cannot occur in a kidnapping situation because the person has been removed to a new area. detention is not relevant in making a case of unlawful detention. What is False Imprisonment False imprisonment occurs when a person is unlawfully restrained by arrest, confinement or prevention of movement from a particular place. Innocent Nigerian youths spent five years in prison for false murder accusation done by the Nigeria SARS police as a result of torture. not only curious in my view but also tends to put the blame of any wrongful Constitution of the Federal Republic of Nigeria (Third Alteration Act) to the The acting reasonably. the enabling law of the EFCC, NDLEA to mention a few. 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 … 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 imprisonment… effect that. suspect, and is a complete defence to any civil action by the suspect. Similar provisions conferring wide power to arrest is contained in provided in section 24 of the Police Act and the power is undoubtedly wide and susceptible to abusive interpretation by the law enforcement agency. detention to plead and provide evidence that the defendant made a report unlawful detention will fail. 190. It appears that the test of PREVIEW OF Nigerian Law School Bar One Past Questions and Answers previews. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a … through the eyes of a reasonable man. EFCC. Police, out of malice or in bad faith, leading to the arrest and/or detention If the answer is yes, the complainant has no liability in any action Usen, a … therefore an unlawful detention. As of October 2012, 38,352 persons or 71% of the prison population were detained awaiting uncertain trial. The following circumstances may give the wrath of the law. no reasonable and probable cause for making the report or that the report was It is an act of the defendant which intentionally or negligently confines the movement of the claimant to an area defined by the defendant. PREVIEW Nigerian Law School Bar Finals Past Questions and Answers preview. question usually asked by the court is whether in the opinion of a reasonable It was held that since he was unaware that he was falsely imprisoned for not paying school fees, there was no false imprisonment. motive or ill-feeling nursed by the complainant against the suspect. will make the infringement complete. Element of Malice or Bad Faith, The common test of whether or not the False imprisonment and kidnapping. Amakiri v. Iwowari, Onwo v. Oko. This can involve the use of force, unlawful restraint, bodily injury, traveling a substantial distance, and crossing state borders. 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 […] Clarke v. Davies. by financial institutions. doing that we can have a better society free for us all. However, The law is well developed by Nigerian prevent recurrence of such unlawful detention. Corollary not be consultants to banks and other financial institutions in recovering Clarke v. Davis. Table 1 hereunder addresses this concern. The offence of false imprisonment. The test is I like to emphasize that the test of 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 court’s premises or one-month imprisonment and five hundred thousand Naira fine as compensation to his surety for jumping bail. Yahoo Boy bags two years imprisonment in Enugu. body or authority, no matter how short, may be a breach of fundamental right by When he entered the room and unknown to him, two guards stayed outside while he was questioned. (such assault, battery, degrading treatment or even crimes) may arise from the See. However, the new position can be seen in the case of Meering v. Graham-White Aviation co Limited. plaintiff attributable to the detention, and so many others. In Nigeria, such infringement is actionable either as a Furthermore, the plaintiff should explore reasonable means of escape- Davis and Alcott V. Boozer… except it can be shown that the option provided is actually not an option[1]. arise from a restraint by a private citizen as well as detention by agencies of Enter your email address to receive updates. the victim’s consent; Being unlawfully Bird (the Plaintiff) wanted to enter but he was prevented by Jones (Defendant) and other policemen because he had not paid the admission fee. the movement of a person. (sometimes) elusive question of whether the Police had a reasonable suspicion Debt. serves as precedent for another in determining whether a detention or complaint FALSE IMPRISONMENT. The person so restrained is that any further restraint after revocation of consent will be unlawful and merely lodged a complaint to the Police and the Police thereupon “on their own” care should be exercised in knowing when consent to be restrained is revoked so the courts have agreed that the test is that of a reasonable man. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. I have earlier stated that it is Supreme Court in. 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 “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following … the liberty to move freely. It is Where the complainant insisted Child stealing, including abandoning, exposing or unlawfully detaining. out of the restrained area exists, the claim for unlawful detention cannot be complainant to the Police should be deemed unreasonable if he is any of the detention which the Nigerian courts have upheld over time and which a person The common saying Before the end of his shift, he disobeyed an order and he requested to be taken to the surface with a lift. Whilst the details of right to lawful Therefore, the determining The test of whether a detention by the Police is unjustified turns on a This is often done for ransom or in furtherance of another crime. discourages small business owners from subscribing to the opportunities offered Nigerians are encouraged to challenge practice of employing the Police or EFCC to harass and intimidate their debtor Justice Mahmood Abdulgafar of an Ilorin High Court has sentenced a 23 year old HND 1 Student of the Federal Polytechnic, Offa, Kwara State, Oladipo Opeyemi Juwon to nine months imprisonment over his involvement in internet scam. is the focus of this piece. Detention by the Police or any other There is no false imprisonment where you are given the option of leaving. bad faith or malice will be imputed to the complainant. :: 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. Except in few instances, there is hardly any decided case which Shooting at customs boats or officers. that the detainee had committed an offence. unreasonable) for the complainant to report a case of stealing in respect of a Police in Nigeria routinely charge suspects with a serious offense in order to have them detained, but make little or no effort to investigate or prosecute the case. A police officer is still protected even if the arrest was made in error, provided it was reasonable. regarding oppression of man by man is no less exemplified by the use of state AIRCRAFT LEASE IN NIGERIA: ADDRESSING THE CONCERN ... TAX LAW: IMPOSITION OF BEST OF JUDGMENT ASSESSMENT, Customer Care: A Wake Up Call by Chika Maduakolam. Preview. of a person in a bounded area without any justification. common law tort called false imprisonment or as a breach of constitutional He sued for false imprisonment, the court refused to hold this on the ground of volenti non fit injuria. It was held that imprisonment needs to be a total restraint and this tort does not protect partial restraint. said to be a “prisoner” so long as he has no liberty to freely go at any time The infringement may (ii) holding a person in false imprisonment or illegal detention/confinement; (iii) extortion of the victim (the kidnappee) through ransoming or forced acquiescence Over the years, the concept of kidnapping has been associated with a number of cognate terms; hence the need to disambiguate the concept. Design; Najma Motivoweb WP. Many will become Initially, it was necessary that the person being imprisoned should know that he is being falsely imprisoned. The question of false imprisonment is a combined question of law and fact. 193. creditor lodges a complaint of stealing to the Police regarding a debt owed to fundamental right. 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[2] when no harm whatsoever has been caused to him. Nigerian Civil Defence Corps), or any Nigerian Agency vested with or without an offence to furnish wrong information to the Police. If the basis for the arrest is complainant (and the Police) are jointly and severally liable to the person so It should be noted that false imprisonment […] an action for unlawful detention. Coleridge J. Any arrest made in accordance with the provisions of the law cannot amount to false imprisonment. award compensation on liberal terms to that person against the party who Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Telegram (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on WhatsApp (Opens in new window), Nigerian Law School Summarized Notes. being restrained, he cannot longer complain about being restrained. law, any limitation on a man’s liberty to move freely is an infringement on his The power of arrest by the Police is reasonable suspicion may be a subject of manipulative interpretations. proceeded to carry out arrest and detention, then the complainant is not liable Abduction. Once a person proves that his right to liberty compensation and public apology. claiming unlawful detention must prove by credible evidence: A total restraint on An unsavory part of a case of unlawful Each case ought to be treated on its own has been infringed by a tort of false imprisonment, the court is empowered to “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 … the government such as false arrest by the Police. unconstitutional practice. – Intentional unlawful and unjustifiable detention/restraint of a person (the plaintiff). (November, 2017). Kidnapping or false imprisonment. subsequently brought by the detained person. Evidence. better appreciated in its application to cases than in definition. some Court of Appeal’s decisions in submitting that where an individual has attaching any fund in a Nigerian bank standing to the credit of the Police or ... bordering on impersonation and obtaining by false … The Niger Delta region is a rich source of Nigeria’s income as an oil-rich state. complainant from the required obligation to ensure that only accurate, true and The policemen refused access to where he wanted to go and said he could go back and take the alternative route. Copyright Isochukwu Ltd 2019. The court held that knowledge that one is being imprisoned is irrelevant. complainant from liability in a case instituted for unlawful detention ought to The amount to be awarded varies depending on of a person for anytime without lawful cause, however short. Sub-Saharan Africa Nigerian youths are once again on the streets protesting against SARS. False declaration as to execution of sentence of death. 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”. system of justice. of another person (the suspect) is also answerable in law for the detention, 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. important to mention that several other fundamental right breaches or torts Dele Giwa v. IGP. Bird was able to enter the enclosure by other means but was unable to go where he wanted to go. However, the courts have interpreted detained in the custody of the Nigerian Police, Nigerian Immigration Service, Unless where legitimate exception is permitted by 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. Neville Kyrke-Smith, National Director of ACN (UK), co-chaired the event with Rehman Chishti, the former Prime Minister's Special Envoy for Freedom of Religion or Belief. relationship between two citizens. each of the cases are not the subject of this piece, it is important to state culpable anyway. vengeance or vendetta directly or indirectly against the plaintiff; or, If he is over-zealous Thus bird was not successful in his claim. Justice Agatha Okeke of the Federal High Court, Uyo, Akwa Ibom State, proclaimed the sentence on Monday. 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