Court Orders Police to Pay N10m For Unlawful Detention
The Federal High Court in Abuja has ordered the Nigeria Police Force (NPF) and one Onukogu Hezekiah to pay N10 million in damages to Hezekiah Duru for unlawful arrest and detention.
Justice Donatus Okorowo made the order in his judgement after Duru filed suit to enforce his fundamental human rights under sections 6(6)(a), 34, 35, 36, and 46 of the 1999 Constitution as amended.
According to the Certified True Copy (CTC) of the judgement obtained by LEADERSHIP Friday, Duru was arrested and detained by the police from December 11 to 29, 2023, following allegations of financial misappropriation, embezzlement, cheating, and breach of trust initiated by Hezekiah.
However, the Economic and Financial Crimes Commission (EFCC) had already investigated the allegations against Duru before the police detained him.
The legal proceedings began on January 4 when Duru’s legal team filed the suit alongside an ex parte application for his bail. Despite the court granting bail on January 5, the respondents, including Mr. Hezekiah and the Nigeria Police, failed to comply with the court’s directive.
The court unequivocally declared that Mr. Duru’s fundamental rights, as enshrined in the Constitution of the Federal Republic of Nigeria, were violated through his illegal arrest and subsequent detention.
Furthermore, the court condemned the refusal to grant Duru bail, especially when the allegations against him were bailable offences, as blatant violations of his rights.
To prevent further transgressions, the court issued an injunction restraining the police and its officers from harassing, intimidating, or detaining Duru.
The police, however, refused to adhere to the court’s directive after it had declared that the warrant of arrest from the Nasarawa State Magistrate Court was unlawful, an abuse of power, an abuse of judicial process, and an infringement of Duru’s right to a fair hearing and personal liberty.
As a measure of redress for the injustices suffered, the court ordered the payment of N10 million in damages, jointly and severally borne by Onukogu, the Nigeria Police, and the inspector-general of police (IGP).
