UWAIS, CJN (DELIVERING THE LEADING JUDGMENT): By a writ of summons taken out on the 18th day of December, 1985 the plaintiff/appellant brought an action against the defendants/respondents in the High Court of Oyo State, holden at Ibadan. The case was heard by Ibidapo-Obe. J. In his judgment which was given on the 14th day of July, 1988 against the defendants/respondents, the learned trial Judge remarked as follows:-
"Col. Yohannah Madaki now retired must have been reading his law upside down when he wrote as contained in Exhibit 1. His influence over the Commissioner of Police Oyo State Command, Mr. Nkana as epitomised in this sordid affair to say the least is most unfortunate; it is administrative recklessness, reminiscent (sic) of what philosophers described as 'power corrupts' absolute power corrupts absolutely!..."
The applicant/respondent was neither a party nor a witness in the case before the High Court. Sometime in November, 1988 he came to know of the remark made by the learn…