Marke Okwe V. Sgt. Major Usman Doba & Ors (1973)

LawGlobal-Hub Lead Judgment Report

B. A. COKER, J.S.C

 The appellant contends before us that he had sued the respondents for false imprisonment, house breaking, trespass and conversion.

Apart from the issue of housebreaking which was not canvassed at the High Court (and in any case could not have been so canvassed) all the other claims were minutely examined by the learned trial Judge in the light of the evidence available and he came in our view to the right conclusion on the evidence.

The appellant was a police constable and he was dealt with for what must in the circumstances of the case be considered an act of insubordination. The facts of the case were not in dispute and the scope of controversy is confined only to the legality or otherwise of the action of the defendants.

There was the other claim for conversion of an amount approximately 500 Pounds. The learned trial Judge was at pains to consider the evidence concerning this. He concluded that the appellant did not prove that he had any such amount in that room on that day. There was abundant evidence to support that finding and we are in agreement with that finding which postulates that the claim that this amount had been wrongly “converted” was completely bogus.

The main plinth of the argument of the appellant concerns his detention. We are satisfied that that part is conclusively answered by the instructions in Paragraph 6 of “Forces Administrative Instructions No. 12” (Force Order No. 325) issued by the Inspector-General of Police. The appellant not only refused to obey the instructions to pack out of his quarters  but he also threatened to slap his superior officer who had given him that order.

There is no substance in this appeal. It is dismissed with costs to the respondents fixed at N70.

SC.1/1973