TOBI SONIYI
Dear Counsel, I appreciate your prompt response to my emails on legal questions.
Now, I have a problem that requires your urgent advice. We have noticed for quite some time now, that each time my Drycleaner comes to pick up our laundry, items go missing in the house. We have lost valuables like power- banks, shoes, bags, and even clothing. Each time this happens, we have suspected our Driver. We confronted the Driver once, and he denied being the thief.
Last week the Drycleaner came to pick up our laundry as usual, and the Driver saw him taking and hiding some items, as he was packing the clothes. Our Driver smartly went behind and locked the kitchen door, which was the only other way to get out. The Drycleaner, in an attempt to escape through the balcony, fell and sustained injuries.
The Police subsequently came and arrested my Driver, and detained him till he was released on bail yesterday, claiming that he subjected the Drycleaner to false imprisonment. They plan to take him to court next week, despite my protest. Please, advice. Mrs. A.A. Lekki, Lagos. Dear Mrs. A.A., I cannot find any reason, to impute the offence of false imprisonment into the scenario which you painted in your mail, as if the back door was locked, the Drycleaner could have approached anybody in the house, to open the back or front door for him to exit.
Section 365 of the Criminal Code clearly provides what constitutes false imprisonment. ‘False imprisonment is the intentional unlawful bodily restraint on the body of another person. It is a common law offence and a tort. Bodily restraint must be complete. There is no false imprisonment, where the person is left free to move away in certain circumstances.
(a) It is not necessarily relevant that the person is unaware of his imprisonment
(b) It is not necessary to show assault to prove bodily restraint.
But in a situation where a law enforcement officer arrests someone, with or without a valid warrant of arrest, it does not amount to false imprisonment.
However, I advice that you brief a Lawyer to prepare a defence for your Driver, if the police insist on taking him to court.