A Federal Capital Territory High Court, Abuja, on Tuesday indicted
the Inspector-General of Police and the Nigerian Police Force for
violating the rights of a businessman.
The court also awarded N4 million as damages to the businessman, Mr.
Usman Baba, who along with his son, Abubakar Usman, instituted a case
against the police authorities for illegally detaining them for six
days.
Both men, resident in Abuja had, in the suit instituted on July 26,
2013, said the police illegally detained Baba over a business
transaction between them and one Hosein Chahakandi.
The men, through their counsel, Mr. Francis Mgboh, said that they
went into a business relationship with Chahakandi, which involved the
sale of a large quantity of carpets.
They, however, told the court that they soon discovered that the
business agreement between them and Chahakandi lacked sincerity and
therefore, called it off.
In calling the business off, the counsel had told the court, that
Baba and his son returned all the carpets in their custody to Chahakandi
in the presence of a witness but were pursued and harassed by the
police at Chahakandi’s instance.
Mgboh said the police eventually arrested and detained Baba for
several days at Asokoro police station, adding that the detention
resulted in the deterioration of the man’s health.
He therefore prayed the court to declare that the detention of his
client for six days was unlawful and a violation of his right to
freedom.
He also urged the court to order the police authorities to tender an
unreserved public apology to his clients as well as award N500 million
as damages to them.
The News Agency of Nigeria (NAN) reports that none of the defendants
in the suit appeared in court or had any legal representation while
proceedings in the case lasted.
In his judgment, the presiding judge, Justice Yusuf Halilu, said that
it was “most evident from the failure of the respondents to file
counter affidavit that they have accepted the bond of the applicants’
averments.”
“It is hereby declared that the respondents have violated the applicant’s fundamental right to liberty.
“An order of perpetual injunction restraining the respondents from
arresting, detaining, molesting and intimidating the applicants is
hereby granted,’’ Halilu said.
He held that the action of the police in arresting and detaining the
first applicant for a long period without justification was condemnable
and must be compensated for.
According to him, the action of the Nigerian police, most times, is
tyrannical and unprofessional, and the police must learn to limit itself
within the confines of the law.
“I hereby award the sum of N4 million against the respondents jointly,’’ Halilu ruled.
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