Illegal declaration: Appeal court awards N30m against Julius Berger, Police

The Court of Appeal sitting in Owerri has awarded the cost of
N30 million against Julius Berger Nig. Plc and the Nigeria Police
while upholding the judgment delivered by the Imo State High Court
against the duo for what the court declared as illegally declaring
wanted, a Lagos based human right crusader, Mr Emeka Ozoani.

Ozoani had filed a suit of gross violation of his fundamental
rights delineated HOW/654/2012 before the Imo state High Court
following a newspaper publication where the police declared him as
a category ‘A’ wanted person in the Thisday Newspaper of September
4, 2012, asking the court for enforcement of his fundamental right
and an order setting aside the declaration that he is a ‘category
“A” wanted person as well as an order of perpetual injunction
restraining and directing the respondents to jointly and severally
tender apology to the applicant and also pay damages of N50 billion
for the unlawful violation of his fundamental rights.

The suit was filed against the Inspector General of Police, the
Assistant Inspector General of Police Zone 9 Umuahia, ASP P.S.
Njoku, Prosecuting officer in charge of OW/373c/2011 Zone 9,
Umuahia, Peter Ogunyanwo, DCP Zone 9 Umuahia and Julius Berger
Nigeria Plc and the Imo State High Court had on February 2013 in a
judgment held that the police had grossly violated the fundamental
rights of Mr Emeka Ozoani for declaring him ‘category “A” wanted
person’.

Prior to the suit, the police had arrested, manhandled and
assaulted the lawyer in the court premises over an allegation of
forgery in the case HOW/581/2007 Mrs Philoma Ugo V. Julius Berger
(Nigeria) Plc where he appeared as counsel. The court had ruled
that police in the administration of justice are to prevent crime,
investigate an allegation of crime and enforce laws and regulation
but went beyond the scope of their duties by falsely and wrongly
arresting and battering a person, then becoming culpable of
criminal acts.

Dissatisfied with the judgment, Julius Berger Nig. Plc and the
Nigeria Police proceeded to the Court of Appeal challenging the
judgment that absolved the lawyer but in its judgment, the Appeal
Court panel of judges, Raphael Chikwe Agbo, Ayobode and
O.Lokulo-Sodipe, led by Rita Nosakhare Pemu upheld the high court
judgment.

Justice Rita Pemu while delivering the lead judgment said, “It
is no gainsaying that the economic downturn is endemic and keeps
going down. The 5th respondents/cross-appellant is a legal
practitioner. A respected one at that! In the course of carrying
out his legitimate duties, he is pounced on with levity. His body
and soul are bruised and his emotions toyed with. This is
despicable; it against public policy for those who are supposed to
enforce the rule of law, to collude with big multinational
companies to oppress the people.

“The time has come in this country to cry aloud against these
nefarious activities. The average man on the street should be able
to walk the streets without fear of being molested by powers that
be. The issue of the award of damages is discretionary and I am
tempted not to interfere with the number of damages awarded the 5th
respondent /cross-appellant.

“But with respect, N25 million is a far away from the amount
claimed by the respondent/ cross-appellant. I would award the sum
of N30 million because of the dire economic situation right now. It
was bad enough in the year 2013 when judgment was delivered in this
matter. It is even worse today economically.

“In the circumstances, I hereby award the sum of N30 million to
the respondent instead of N25million awarded by the court below.
The cross-appeal succeeds in part and I so order N100, 000.00 cost
in his favour.”

The court of appeal held that the appeal filed by Julius Berger
lacks merit and dismissed it in its entirety. “Where there is
suspicion, it must be reasonable. It is the duty of Police to
investigate crimes but not to be used as a tool of oppression by
unscrupulous litigants in pursuit of their mischief.