On Tuesday, a Federal High Court in Lokoja ordered the police in Kifi to pay a suspect N1 million in damages for infringing on his fundamental rights.
While delivering judgment in the matter brought by Daniel Atabor, through his attorney, Mr O.E. Amoke, Justice Sunday Bassay-Onu issued the order.
On September 25, Atabor was detained by the Police A Division in Lokoja, Kogi, for allegedly purchasing a stolen motorcycle from another individual, but he was held in the Kabba Custodian Center without being prosecuted or granted bail.
Justice Bassay-Onu condemned Otabor’s continued incarceration as a “breach of his fundamental rights” since it violated Section IV of the Police Act, which states that a suspect should not be held for more than a day or two after being arrested.
“For keeping the applicant beyond the stipulated time frame within the Police Act amounts to a breach of his fundamental rights as enshrined in sections 34, 35(1)(3)(4)(5)(6), 37 and 41(1)(2) of the 1999 Constitution (as Amended) and Articles 2, 4, 5 and 12(1) of the African Charter of human and people’s rights (rectification and enforcement) Act (Cap 10) Laws of the Federation of Nigeria.
“Consequently, One Million Naira is hereby awarded as damages to the applicant by this honourable Court against the respondents (Police) haven breached his rights and liberty.
“The respondent (Police) is also hereby ordered to release the applicant (Atabor) on bail and charge before a law Court and publicly apologize to him (Atabor) in a national Newspaper forthwith, ” the judge ordered.
Atabor had asked the court to declare his police detention as illegal and a violation of his fundamental rights as stipulated in the nation’s 1999 Constitution and the African Charter of the laws of the Federal Republic of Nigeria.
He also demanded N50 million in damages for the arrest and detention that went beyond the 48-hour limit set by the Police Act, as well as for violating sections 34, 35(1)(3)(4)(5)(6), 37, and 41(1)(2) of the nation’s 1999 constitution (as amended) and Articles 2, 4, 5, and 12(1) of the African Charter of human and people’s rights (rectification and enforcement) Act (Cap 10) Laws of the Federation of Nigeria.
Atabor also requested that the police issue a public apology in a national publication for infringing on his fundamental rights and liberties as a Nigerian citizen.
However, the Police had claimed, through its Counsel, S.I. Ikutowa, that they (Police) were still investigating a stolen property case filed against him (Atabor). and were concerned that his release would have a negative impact on their investigation.
