A Federal High Court in Lokoja ordered the police in Kifi to pay a suspect N1 million in damages for violating his fundamental rights on Tuesday.
The ruling was issued by Justice Sunday Bassay-Onu while giving judgment in the case brought by Daniel Atabor through his counsel, Mr O.E. Amoke.
According to the News Agency of Nigeria (NAN), Atabor was detained on September 25 by the Police A Division in Lokoja, Kogi, for allegedly purchasing a stolen motorcycle from another person, but was held in Kabba Custodian Centre without bail or being prosecuted.
Justice Bassay-Onu called Otabor’s continued detention a “breach of his fundamental rights,” citing Section IV of the Police Act, which states that a suspect should not be detained 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 as soon as possible and publicly apologize to him (Atabor) in a national Newspaper,” the judge ordered.
Atabor had asked the Court, through his counsel, to declare his police detention as illegal and a violation of his fundamental rights as enshrined in the nation’s 1999 Constitution and the African Charter of the laws of the Federal Republic of Nigeria.
He also sought N50 million in damages for the arrest and detention that went beyond the 48-hour limit set by the Police Act, as well as against sections 34, 35(1)(3)(4)(5)(6), 37, and 41(1)(2) of the nation’s 1999 constitution (as amended), as well as 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 newspaper for violating his fundamental rights and liberty as a Nigerian citizen.
However, the Police had claimed, through its Counsel, S.I. Ikutowa, that they (Police) were still investigating the case of a stolen property labeled against him (Atabor). and were concerned that his release from detention would have a negative impact on their investigations into the matter.