Any Person Unlawfully Arrested Or Detained Shall Be Entitled To Compensation

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IN THE HIGH COURT OF THE
FEDERALCAPITAL TERRITORY, ABUJA

HOLDEN AT ABUJA

ON TUESDAY, 5TH DAY OF DECEMBER,
2017

BEFORE HON. JUSTICE SYLVANUS C.
ORIJI

SUIT NO. FCT/HC/CV/1501/2017

BETWEEN

MR. ADEBAYO ERIC EDUN— APPLICANT

AND

1. NIGERIA POLICE FORCE

2. INSPECTOR GENERAL OF POLICE,
RESPONDENTS

3. COMMISSIONER OF POLICE,
F.C.T.JUDGMENT

In his Originating Motion filed on 24/4/2017, applicant seeks
the following reliefs against the respondents:

1. A declaration that the continuous arrest,
detention and torture of the Applicant from 10/04/2017 till date by
officers of the 1st, 2nd and 3rd respondents at Dutse Alhaji Police
Station and State Anti-Robbery Squad [S.A.R.S.] is wrongful,
illegal, oppressive, unconstitutional, null and void.

2. An order releasing the applicant on bail.

3. An injunction restraining the officers of the respondents
from further unlawfully arresting, detaining and torturing the
applicant.

4. The sum of N50,000,000.00 [Fifty Million Naira] jointly and
severally against the respondents for the continuous arrest,
detention and torture of the applicant from 10/04/2017 till date by
officers of the respondents at Dutse Alhaji Police Station and
State Anti-Robbery Squad [S.A.R.S.].

5. The sum of 15,000,000.00 [Fifteen Million Naira] as exemplary
and nominal damages jointly and severally against the respondents
for the unlawful arrest, detention and torture of the
applicant.

6. An order compelling the respondents to publicly apologize to
the applicant in 5 [five] national dailies for the unlawful arrest,
detention and torture of the applicant.

7. 10% interest on judgment sum from the date of judgment until
final liquidation of the judgment sum.

8. And such orders as this Honourable Court may deem fit to make
in the circumstance of this case.

In his affidavit, Mr. Edun Marcelline Akande stated that on
11/4/2017 at about 4:30 p.m., he was informed of the following
facts by the applicant on handcuff in company of officers of the
respondents from Dutse Alhaji Police Station when they came to
search his house [i.e. No. 142 Bakori Road, PW, Kubwa, Abuja],
which he verily believed to be true thus:

1. He was called on telephone by someone who
identified himself as a staff of Kas Guest House situate at Dutse
Alhaji Abuja at around 9:30 p.m. on 10/4/2017 to come for a meeting
on a business of DSTV Satellite installation.

2. He had been repairing satellite dish for the said Kas Guest
House for more than a year and he saw no harm in the call.

3. The said caller subsequently told him he was
waiting in a taxi very close to Kas Guest House. He met his caller,
popularly called Yellow, at Kas Guest House.

4. He, in company of Yellow, the taxi driver and
one unknown person entered the premises of Kas Guest House around
10 p.m. on 10/4/2017. When he entered the gate of Kas Guest House
and stepped out from the car, he saw Yellow putting on a mask and
he subsequently challenged him to the hearing of the chief security
officer of Kas Guest House, who immediately alerted the Police.

5. Yellow jumped the fence and ran away leaving
him, the other unknown person and the taxi driver with the hotel
security personnel; who later handed them over to the officers of
respondents at Dutse Alhaji Police Station.

6. He [applicant] is a graduate of Computer Science
(Federal University of Technology, Minna) waiting for the
compulsory National Youth Service Corps, in Batch A, Stream 1,
going for National Youth Service Corps Scheme around May 2017. The
expired school identity card and certificate of graduation of the
applicant from Federal University of Technology, Minna are Exhibits
A and B respectively.

7. As a result of his arrest and detention, he has
not been able to do the online registration for National Youth
Service Corps, which requires his finger print impression. The NYSC
online registration which started on 20/4/2017 will end on
15/5/2017.

8. He has not been charged for any offence by
officers of respondents from 10/4/2017 up till date [i.e. date of
filing the suit].

Section 35[4] thereof provides that a person arrested and
detained in accordance with section 35[1][c] shall be brought
before a court of law within a reasonable time.

On 10/5/2017, the Court heard the motion ex parte and made these
orders:

1. The respondents are directed to arraign the applicant before
a court of law on or before 17/5/2017 if they have any case against
him.

2. In default, the respondents shall release the
applicant on bail upon fulfilment of the following conditions:

a) The applicant shall enter into a recognizance
for the sum of N1,000,000.00 with one surety in like sum; and

b) The surety shall ordinarily be resident within
the FCT, Abuja.

7 From the above, there is no doubt that the applicant was still
in the custody of the respondents as at 10/5/2017. As I said
before, Sonia Gbev Esq. did inform the Court that applicant was
released on 19/5/2017. This means that applicant was detained by
the respondents for a period of 39 days before he was released.

The respondents have not discharged the burden to prove that the
applicant’s arrest and detention were justified.

Therefore, I hold that the arrest and detention of the applicant
for a period of 39 days violated the applicant’s right to personal
liberty guaranteed by section 35 of the 1999 Constitution [as
amended].

Applicant’s relief 4 is for N50 million damages; and in relief
5, he claims N15 million as “exemplary and nominal damages”.

Both sums are for breach or violation of his fundamental rights.
Section 35[6] of 1999 Constitution [as amended] provides: “Any
person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or
person”. By virtue of this provision, I hold that the applicant is
entitled to compensation for his unlawful arrest and detention by
the respondents. In the circumstance, I award the sum of
N6,000,000.00 to the applicant against the respondents as 9
compensations [or general damages] for his unlawful arrest and
detention from 10/4/2017 to 19/5/2017.

In relief 6, the applicant prays for an order for the
respondents to publicly apologise to him in five national dailies
for his unlawful arrest, detention and torture. I hold that by
virtue of section 35[6] of the 1999 Constitution [as amended], the
applicant is entitled to this relief.

Finally, in relief 7, the applicant claims post-judgment
interest of 10% per annum on the judgment sum. By virtue of Order
39 rule 7 of the Rules of this Court, 2004, the Court has the
discretion to grant post-judgment interest on any judgment sum. I
hereby grant post-judgment interest on the sum of N6,000,000.00 at
the rate of 10% per annum from today.

CONCLUSION

9. A declaration that the arrest and detention of
the applicant by the respondents from 10/4/2017 till 24/4/2017
[when he instituted this action] and till 19/5/2017 [when he was
released] violated his fundamental right to personal liberty and
were therefore wrongful, unconstitutional and oppressive.

10.
An order of injunction restraining the
respondents, their officers and agents from further arresting and
detaining the applicant in respect

10 of any matter connected with, or pertaining to, his arrest
and detention on 10/4/2017.

3.The sum of N6,000,000.00 compensation [or general damages] for
applicant’s unlawful arrest and detention for 39 days; from
10/4/2017 to 19/5/2017.

4. An order for the respondents to publicly apologize to the
applicant in one [1] national newspaper for his unlawful arrest and
detention.

5. 10% interest on the judgment sum of N6,000,000.00 from today
[5/12/2017] until the judgment sum is paid.

6. Cost of N30,000.00.

HON. JUSTICE S. C. ORIJI