NARWU v. ARMAH AND OTHERS

This Court of Appeal judgment, authored by Jiagge J.A., overturns the High Court’s affirmance of a magistrate’s finding of false imprisonment against Nii Adjetey Narwu. The respondents, including E. D. Armah, had been arrested and detained at the Tema Police Station after Narwu’s complaint and a letter (Exhibit D) to the National Liberation Council, signed with the Paramount Chief Nii Adjei Oninku II, accused them of being “saboteurs of Tema.” Corporal D. K. Appiah recorded Narwu’s report and referred it to CID; Corporal C. M. Crabbe then conducted the investigation, inviting and detaining the respondents and requiring them to report daily. Applying Salmond on Torts and precedents such as Hopkins v. Crowe and Grinham v. Willey, the court held that liability for false imprisonment requires proof that the defendant authorised or directed the arrest. Because Crabbe acted on his own judgment and there was no evidence that Narwu directed or authorised the arrests, Narwu could not be liable. Malice in Exhibit D and the rancour of the destoolment dispute could not displace the need for direction/authorisation; the proper remedy, if at all, would be malicious prosecution. The appeal was allowed, the lower courts’ judgments and damages were set aside, and costs were awarded.