BADA JCA (Delivering the Lead Judgment): This appeal emanated from the judgment of the High Court of Justice, Edo State of Nigeria, Benin Judicial Division in suit No: B/519M/2012 Elder Abel Ezeanya v. Assistant Inspector-General of Police (Zone 5, Benin City) and 5 Ors. delivered on 1 November 2012, wherein the court gave judgment in favour of the applicant and awarded damages in his favour.
Briefly, the facts of this case are that on 15 June 2012, a petition written on behalf of Pastor Alex Amoroghoye was received by the Office of the Assistant Inspector-General of Police, Zone 5, Headquarters Benin City. The petition which was captioned “A case of extortion, fraudulent conversion, obtaining money by false pretences and continuous threat to life: a call for your immediate intervention”. The petition was referred for investigation.
The petitioner, who claimed to be in business of production of toilet rolls, said he needed raw materials to continue with the business and in the…