KAZEEM, JSC (Delivering the Leading Judgment): On 24th September, 1986, this appeal was allowed by me and the judgment of the Court of Appeal, Benin City dated 18th September, 1980 was therefore set aside. Accordingly, the judgment of the trial court dated 7th February, 1978 was restored. I now give my reasons for doing so.
In April, 1977, the appellants who were Professional Motor Vehicle Drivers and Supervisors at the Uromi Motor Park had separately sued the two respondents for a sum of ₦3,000.00 each as special and general damages for their unlawful imprisonment by them for ninety-six (96) hours at the Ubiaja Police Station. The imprisonment was on the pretext that the appellants were lawfully arrested and charged with offences of assault with intent to steal from one Clifford Nwude; and causing obstruction on the public highway along Uromi-Uhiaja by the junction of the new Iguehen Road. The 1st respondent was then a Police Corporal who was under the direction and control of the 2n…