Court awards el-Rufai N2m for unlawful detention •Orders SSS to apologise to him

 

THE Federal High Court in Awka, on Monday, ordered the State Security Services (SSS) to apologise to former Federal Capital Territory Minister, Mallam Nasir El Rufai and pay him N2 million as damages for unlawful detention.
The court’s decision followed the events of November 15 and 16, 2013, during the last Anambra governorship election, when SSS officials detained and harassed El-Rufai at the Finotel, Awka.

ADVERTISEMENT

Dissatisfied with his treatment and believing that the conduct of the SSS had no basis in law, El-Rufai approached the court for redress. He joined Attorney-General of the Federation with the SSS as respondents in the suit No: FHC/AWK/CS/310/13.
Delivering judgment in the suit in Awka, on Monday, the trial judge, Justice Ibrahim Bature Gafai, held that the SSS had no statutory powers under the constitution or under any Nigerian law to detain El-Rufai without showing cause to a court of competent jurisdiction.
The court, therefore, ordered the SSS to publish an apology in two national dailies for unlawful and unconstitutional violation of the former minister’s liberty.
In addition to the apology and monetary damages, the court declared that the respondents had no power under the constitution or under any Nigerian law to either impose a general restriction on movement or restrict the applicant’s constitutional right of freedom of movement, as enshrined in Section 34 of the constitution on account of the Anambra State governorship election, which took place on November 16, 2013 or any other election.
The court also declared that El-Rufai’s detention without charge, at the premises of Finotel Hotel, Akwa, Anambra State, between November 15 and 16, 2013, by SSS operatives (first respondent) constituted a gross violation of his right to personal liberty and freedom of movement and Articles 6 and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and was, therefore, unconstitutional and illegal.
Other relief the court granted included “a declaration that the unlawful deprivation of the applicant, Mallam El-Rufai,  from granting/continued granting of interview with an AIT correspondent, Mr Obiorah Iloh and other mass media representatives within the premises of Finotel Hotel, Akwa, Anambra State, at about 2.00 p.m. of  November 16, 2013 by agents of SSS constitute a gross violation of the applicant’s freedom of expression and is accordingly unlawful unconstitutional and illegal.
“A declaration that the detention of the applicant at the premises of Finotel Hotel, Akwa, Anambra State, without charge,  with a view to denying the applicant, deputy national secretary and member/secretary electoral committee of the All Progressives Congress (APC) Anambra governorship election 2013, freedom to associates with fellow members of the said APC at Akwa, is a violation of the applicant’s right to peaceful assembly and association.”
The court also gave an order restraining the SSS from further detaining or in any other manner infringing on the fundamental rights of the former minister and an order for the award of compensation/damages to the applicant, in the sum of N2 million for the unlawful and unconstitutional detention/violation of his right to personal liberty, freedom of movement, freedom of association and expression.
TRIBUNE