Facts
The Appellant commenced the action at the High Court of the Federal Capital Territory, Abuja under the Fundamental Rights (Enforcement Procedure) Rules, alleging that the Respondent invaded the locations where he displayed cars for sale and impounded and carted away fifteen vehicles for no reason. The Appellant alleged that neither himself nor his company was under criminal investigation and that he was not at any time invited by the Respondent. He contended that the Respondent breached his right to own movable property guaranteed under the provisions of Sections 43 and 44 of the Constitution of the Federal Republic of Nigeria, 1999. The Appellant claimed several declaratory and injunctive reliefs against the Respondent, as well as damages for the illegal seizure of his cars.
The Respondent replied with a counter affidavit containing very copious and detailed depositions, wherein it averred that the vehicles were seized and impounded in the course of an investigation into a case of money laundering of huge sum of money belonging to Niger State Government. The Respondent stated that investigations showed that the cars in question actually belonged to a main suspect involved in money laundering and that its officers were taken to the location of the cars by the right-hand man of the said main player. The said man was the person in charge of the cars and was said to have volunteered an extra-judicial statement. The Respondent averred further that the vehicles were taken with the consent of the persons in charge of same and that the Appellant was indeed invited in the course of the investigation, but he failed to honour the invitation. This was supported with several documents including – statements of account showing movement of funds to the Appellant, letters written to different Banks and extra judicial statements taken from witnesses in the course of the investigation.
