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JOSEPH ODOGU V. ATTORNEY-GENERAL OF THE FEDERATION & ORS.

(1996) JELR 35476 (SC)

Supreme Court  •  SC.58/1993  •  9 Jul 1996  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS CJN ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC YEKINI OLAYIWOLA ADIO JSC

Appearances
Olisa Agbakoba, Esq. For the Appellant; Tochukwu Onwugbufor, Solicitor-General of the Federation (with him, F.N. Molokwu (Mrs), Director of Civil Litigation and C.I. Okpoko, Legal Officer, Federal Ministry of Justice); 2nd and 7th Respondents absent and unrepresented.

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The only issue arising for determination in this appeal relates to the quantum of damages. The facts appear not to be very much in dispute. The applicant, Joseph Odogu, now appellant in this appeal, was arrested by the Police on 4th August 1980 at Festac Town and charged with the offence of armed robbery. He denied the charge. He was taken into custody. On 17th December 1980 he was arraigned before a magistrate's court where a formal charge of armed robbery was preferred against him. He was remanded in prison custody and taken to Ikoyi Prison. Between that date and 1983 he was taken a number of times to the Magistrate's court but was on each occasion further remanded because the prosecution told the court that the advice of the Director of Public Prosecutions was yet to be obtained. On 19th December 1983, the charge against him was withdrawn by the prosecution and the court struck out the charge and ordered his release. He was releas…

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