A Federal High Court sitting in Abuja on Tuesday awarded N5 million damages against the Inspector General of Police, IGP, Ibrahim Idris and Deputy Inspector-General of Police, H.M Dagala, following the unlawfully arrest and detention of five staff members of Daily Times newspapers.
Justice Nnamdi Dimgba awarded the sum while delivering judgement in a fundamental human rights suit instituted by Tinuola Ashiri, Ayodele Ibitoye, Afolabi Adeboye, Marvelous Eyoh Effiong and James Akingbade Olagoke,
The applicants had sued Sen. Ikechukwu Obiorah, Inspector-General of Police and Deputy Inspector-General of Police H.M. Dagala following their unlawful arrest on 19th, January 2018 in Lagos and their subsequent detention in Abuja from 19 to 26 January 2018. However, the presiding judge, while delivering judgement on the matter, held that the police are empowered constitutionally to maintain law and order but stressed that the exercise of the power by the police must be within the confines of the law.
The judge held that where it goes beyond the law it was the duty of the court to put it on track.
He held that in all the search and arrest warrants tendered and admitted as exhibits in the case, nowhere was the names of the applicants mentioned, adding that the police officers went after different persons.
Dimgba ruled that the magistrate court’s subsequent discharge of the applicants show that the police had realised their arrest was in error.
He, however, agreed with the Police that it has a duty to arrest suspects and investigate them but disagreed that it can keep them in their custody more than 48 hours as provided by law.
According to Dimgba, keeping suspects beyond 48 hours was unlawful.
“I grant relief 1 and 2 as prayed. I award N5 million damage against the 2nd and 3rd respondents in favour of the applicants. And N200,000 as a cost of the suit,” he ruled.
Earlier in a judgement, Justice Dimgba had dismissed the preliminary objection raised by the Inspector General of Police and the Deputy Inspector General of Police on the jurisdiction.
“It’s not in doubt that they were arrested and detained by order of the officers. Therefore they cannot turn around and deny the consequence of their action,” he ruled.
It would be recalled that the owners of Daily Times on 20th March, 2018 filed a suit at a Federal Capital Territory, FCT, High Court against Sen. Ikechukwu Obiorah, Chairman of DSTV, Adewumi Ogunsanya, the Inspector General of Police and the Deputy Inspector General of Police Force Criminal Investigation and Intelligence Division, FCIID, Hyacinth M. Dagala, now retired.
In the suit, Chairman of Folio Communications Plc and Publisher of Daily Times of Nigeria, Fidelis Anosike and the Group Managing Director, Barrister Noel Anosike, demanded the sum of N2 billion as damages over their illegal arrest and detention by the Police acting in collusion with Sen. Obiorah, the same period the Police raided their Abuja and Lagos offices and allegedly carted away some vital documents as well as properties worth millions of Naira.
Following the development, the FCT court presided over by the Hon. Justice Y. Halilu on 27th March ordered that a substituted service be served on Ikechukwu Obiorah after hearing the application contained in SUIT NO: CV/1030/18 and Motion No: M/4102/18 at the Jabi Judicial Division of the FCT High Court.
“Leave is hereby granted to the Applicants to serve the Originating Motion and all other court processes in this suit on the 1st Respondent via substituted means; by pasting same on his last known address; No.3 William Tolbert Close, Asokoro, Abuja.”
The substantive matter is pending in the court.
Comentários