Court declines Badoo suspect’s N500m damages claim

The Federal High Court in Lagos yesterday refused to
award N500m damages against the Police for the arrest, detention
and parading of Alhaji Alaka Abayomi.

The police paraded Abayomi, an oil marketer, before the press on
July 31, 2017 as an alleged sponsor of ritualist group, Badoo.

Joined as respondents in the suit were the Inspector-General of
Police (IGP), Commissioner of Police in Lagos State and Chief
Superintendent Obot Umoh of the IGP Special Tactical Squad,
Lagos.

The police did not show up in court to defend the suit.

Although Justice Muslim Hassan knocked the police for Abayomi’s
detention beyond 24 hours without a court order, he declined the
monetary claim.

The court also declined Abayomi’s prayer to order the police to
“publish and furnish an unreserved apology to the applicant in four
national daily newspapers and social media such as Facebook,
Twitter and Whatsapp.”

Justice Hassan held: “I can see that despite the hearing notice
ordered by this court to be served on the respondents, no
counter-affidavit was filed to controvert the claims of the
plaintiff, which amounts to an admission by the respondents.

“I have read and examined the relief and the affidavit of the
applicant in the instant suit, which is not contradicted, and
discovered that the detention of the plaintiff herein beyond 24
hours, without an order of court, is a breach of his fundamental
rights enshrined in the 1999 Constitution.

“I agree that the police cannot be prevented from carrying out
their constitutional duty but this must be done within the purview
of the law and the constitution.”

Alaka had, through his lawyer, Ojehomon Tunde, urged the court
to declare that his arrest at his residence in the Magodo area of
Lagos and his consequent detention for over 48 hours at the Lagos
Police Command was a violation of his right to personal liberty
under Section 35 of the constitution.

He also urged the court to declare that the police violated his
right to freedom of movement by inciting the general public against
him through hate speeches that he was the sponsor of the Badoo cult
group in the Ikorodu, as a result of which, he said, he could no
longer move freely in the society.

He also prayed the court to declare that “parading and branding
the applicant on the July 31, 2017 before the general public,
broadcast and print media houses by the respondents, their agents
and privies to the effect that the applicant is a ritualist,
kidnapper, murderer, and the godfather of the Badoo cult group
without being given the opportunity to make representation to the
appropriate authority, is a gross violation of his right to fair
hearing as guaranteed under Section 36 of the 1999 Constitution as
amended.”

The Federal High Court in Lagos yesterday refused to
award N500m damages against the Police for the arrest, detention
and parading of Alhaji Alaka Abayomi.

The police paraded Abayomi, an oil marketer, before the press on
July 31, 2017 as an alleged sponsor of ritualist group, Badoo.

Joined as respondents in the suit were the Inspector-General of
Police (IGP), Commissioner of Police in Lagos State and Chief
Superintendent Obot Umoh of the IGP Special Tactical Squad,
Lagos.

The police did not show up in court to defend the suit.

Although Justice Muslim Hassan knocked the police for Abayomi’s
detention beyond 24 hours without a court order, he declined the
monetary claim.

The court also declined Abayomi’s prayer to order the police to
“publish and furnish an unreserved apology to the applicant in four
national daily newspapers and social media such as Facebook,
Twitter and Whatsapp.”

Justice Hassan held: “I can see that despite the hearing notice
ordered by this court to be served on the respondents, no
counter-affidavit was filed to controvert the claims of the
plaintiff, which amounts to an admission by the respondents.

“I have read and examined the relief and the affidavit of the
applicant in the instant suit, which is not contradicted, and
discovered that the detention of the plaintiff herein beyond 24
hours, without an order of court, is a breach of his fundamental
rights enshrined in the 1999 Constitution.

“I agree that the police cannot be prevented from carrying out
their constitutional duty but this must be done within the purview
of the law and the constitution.”

Alaka had, through his lawyer, Ojehomon Tunde, urged the court
to declare that his arrest at his residence in the Magodo area of
Lagos and his consequent detention for over 48 hours at the Lagos
Police Command was a violation of his right to personal liberty
under Section 35 of the constitution.

He also urged the court to declare that the police violated his
right to freedom of movement by inciting the general public against
him through hate speeches that he was the sponsor of the Badoo cult
group in the Ikorodu, as a result of which, he said, he could no
longer move freely in the society.

He also prayed the court to declare that “parading and branding
the applicant on the July 31, 2017 before the general public,
broadcast and print media houses by the respondents, their agents
and privies to the effect that the applicant is a ritualist,
kidnapper, murderer, and the godfather of the Badoo cult group
without being given the opportunity to make representation to the
appropriate authority, is a gross violation of his right to fair
hearing as guaranteed under Section 36 of the 1999 Constitution as
amended.”