Facts
The 1st Respondent, as the Applicant, commenced the suit that gave rise to this appeal at the High Court of the FCT against the Appellants and the 2nd Respondent, under the Fundamental Rights (Enforcement Procedure) Rules. He prayed inter alia, for “A DECLARATION that the allegation of theft, arrest and handing over of the Applicant to the 3rd Respondent by the 1st and 2nd Respondents and without evidence whatsoever was capricious, unwarranted, wrongful, unconstitutional and a breach of the Applicant’s right to personal liberty.” In response, the Appellants filed a preliminary objection premised on Sections 254C(1)(d) and 251(1) (p)(q)(r) of the Constitution of the Federal Republic of Nigeria, 1999 as amended; that it is either the National Industrial Court or the Federal High Court and not the High Court of FCT that has jurisdiction to hear the 1st Respondent’s claim. The Appellants also filed a counter-affidavit in opposition to the suit. The 1st Respondent filed a Reply Address to the Appellant’s Preliminary Objection and a Reply on point of Law to the Appellant’s Counter-Affidavit in opposition to the suit.
The case of the 1st Respondent is that he was employed by the 1st Appellant as a labourer in 2003 and he was later promoted to the position of a generator attendant. He worked meritoriously for the 1st Appellant to the extent of being rewarded in the year 2013 with colour TV and awarded Certificate of Long Service having worked for ten years. On Sunday November 30th 2014, while he was on night duty at the 1st Appellant’s Generator House around 11:pm, the 2nd Appellant who is the 1st Appellant’s Chief Security Officer and one Mr. Nwachukwu another 1st Appellant’s Chief Security Officer in charge of Kubwa site came into his room. The 2nd Appellant claimed that two trucks entered the premises of the 1st Appellant. He told the 2nd Appellant that he did not see any truck enter the premises but the 2nd Appellant insisted that he must produce the trucks. He was later arrested together with one Mr. Kabiru lbrahim, after which the 2ndAppellant took the two of them to Bwari Divisional Police Station. Thereat, the I.P.O., a certain Mr. Okpanachi, wrote his statement for him and tried to force him to own up, but he refused. He maintained his position that he did not see any truck enter the 1st Appellant’s premises. He was detained for alleged theft from the 30th November, 2014 to 3rd December, 2014 when he was taken to court in company of others. He and the other persons were not eventually arraigned and were returned to police station. He was granted bail and his appointment was terminated. The 1st Respondent thereafter filed the suit that led to this appeal.
