"I have to address the position of law as touching the effect of frivolously or maliciously reporting a crime to the law enforcement agents. It is settled law that one who lodges complaint with the Police or any authority of like manner, malafide leading to the arrest and/or detention of another is answerable in law for the harassment and injuries caused that other person. See FAJEMIROKUN v. COMMERCIAL BANK (CREDIA LYBNNAIS) NIG. LTD.(2009) 5 NWLR Pt.1135 Pg. 558 at 600; CHIMEBELE & ANOR. v. EDEH & ORS. (2017) LPELR-42289; OCEANIC SECURITIES INTERNATIONAL LTD. v. BALOGUN & ORS (2012) LPELR-9218(CA). This Court stated in SHELL PETROLEUM DEVELOPMENT COMPANY & ANOR v. DANIEL PESSU (2014) LPELR-23325(CA) that if a person orders a policeman to arrest another person, it is an imprisonment by the person ordering the arrest as well as by the policeman. I do not intend to mean that someone who merely gives information without more, which information leads to the arrest of a suspect by the Police acting within their mandate and responsibility, can be liable in an action for unlawful arrest or detention. Merely making a report to a policeman who on his own responsibility takes the person into custody is no arrest or detention by the person who made the report. See SAMUEL ISHENO v. JULIUS BERGER PLC (2008) SCJN 220. It however translates to unlawful arrest when the allegation is unfounded and based on a personal vendetta or unresolved and maybe prolonged disagreement between the victim of arrest and the person who made the report. Our law has provided a remedy for any such victim of unlawful arrest and or detention. This is contained in Section 35 (6) of the 1999 Constitution which provides that any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person."
Per OGUNWUMIJU, J.C.A IN OKELU v. IGP, ABUJA & ORS CITATION: (2018) LPELR-45062(CA)