RAPHAEL EKWEDIKE V. REUBEN ANINWENE COMMISSIONER OF POLICE PETER ANCCHA

OBADINA, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court sitting in Jos on a notice of preliminary objection delivered by Kolo, J., on the 6th of August, 1997. At the trial court, the 1st respondent herein, Reuben Aninwene was the plaintiff while the appellant herein, Raphael Ekwedike and the 2nd and 3rd respondents were the defendants.

In his writ of summons dated 12th of March, 1996, the plaintiff/1st respondent claimed as follows:-

“(a) A declaration that the action of the first and second defendants in forcefully taking the plaintiff’s 20 pieces of SMC ceiling fans and detaining the same from him uptill date amount to a conscious, articulate and brazen abuse of official powers violating as it were the plaintiff’s right to own property. An order directing the defendants to return the 20 pieces of SMC ceiling fans aforesaid to the plaintiff forthwith in good working condition.

(c) An order of perpetual injunction restraining the defe…