Court orders police to pay businessman N5m for unlawful detention
An Anambra State High Court, sitting in Ogidi, Idemili North of the state, has ordered the police to pay N5m compensation to an Onitsha businessman, Ugochukwu Oraefo for unlawful detention and torture. Ugochukwu was arrested sometime in 2018 allegedly, tortured and detained by men of the Special Anti-robbery Squad wherein N6m was extorted from him […]
An Anambra State High Court, sitting in Ogidi, Idemili North of the state, has ordered the police to pay N5m compensation to an Onitsha businessman, Ugochukwu Oraefo for unlawful detention and torture.
Ugochukwu was arrested sometime in 2018 allegedly, tortured and detained by men of the Special Anti-robbery Squad wherein N6m was extorted from him for a trump up issue.
Ugochukwu’s lawyer, Justus Ijeoma of the International Human Rights and Equity Defence Foundation, thereafter, instituted a fundamental rights enforcement action against the police in suit HID/MISC/ 129/2018.
Joined in the suit, were Commissioner of Police in the state, one SP Sunday Okpe, Commander of Special Anti-robbery Squad in the state, among others.
The plaintiff had prayed that the court award him N100m as compensation for the unlawful detention, torture and other breaches of his fundamental rights.
In the suit, he further prayed that the court direct the respondents to tender a written apology to him which would be published in a conspicuous page in two national dailies.
In his judgement, Justice E.S Nri-Eze held that the respondents failed to prove that the arrest, detention, and torture of the applicant were justified in law.
The judge said that Ugochukwu had produced credible and sufficient evidences to prove that his fundamental rights were violated unjustifiably when he was arrested, detained and tortured by the respondents, who extorted N6m from him.
The court ruled: “I hold that applicant’s fundamental rights were grossly abused and violated when the respondents subjected him to such cruel, inhumane and degrading treatment and torture.
“It was wrong, unconscionable and I dare to say a gross abuse of office for the respondents to subject the applicant to such inhuman treatment merely to intimidate and extort such huge amount of money from the applicant.
“The applicant, from the peculiar facts of this suit, is entitled to exemplary or aggravated damages against the respondents for the cruel, outrageous and flagrant disregard and violation of the applicant’s fundamental right to life and dignity of human person.
“The respondents are hereby restrained from further harassing the applicant.
“The respondents are hereby ordered to tender a written apology to the Applicant, either collectively or individually published in a very conspicuous page in two daily Newspapers circulating nationwide.
“I award the sum of N5m against the respondents jointly or severally as exemplary and /or aggravated damages for the unlawful violation of the applicant’s fundamental rights.”