RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): The appellant is the plaintiff at the Federal High Court in Suit No.FHC/UM/CS/88/2003. He had in June 2003 taken out a writ of summons
against five defendants namely Sgt. Paul Nwachukwu, Commissioner of Police Imo State, Inspector General of Police, Police Service Commission, and Nigerian Police Council. In the writ of summons he prayed the Federal High Court as follows:
"1. A Declaration that it is unlawful for the Defendants to detain the Plaintiff's tipper when no offence was committed with same.
2. The sum of N12,480,000.00 (Twelve Million Four Hundred and Eighty Thousand Naira) being special general damages for conversion.
3. The sum of N40,000.00 (Forty Thousand Naira) being loss of income on the tipper from the 10th day of June 2003 until the date of judgment in this case.
4. An order of perpetual injunction restraining the Defendants, their servants, agents or anybody acting on their instruction from detaining any …