Court fines police for human rights abuse

Acting Inspector-General of Police, Suleiman Abba

The Zone 9 Command and the Abia State Police Command were on Wednesday ordered by an Umuahia High Court to pay N80,000 for human rights violation.

This is coming barely one week after the new Assistant Inspector General of Police in charge of the zone, Akila Gwary, told journalists that officers and men of the zone would show respect for human rights, vowing to personally make sure that suspects were handled in the most civil manners.

The court found the police guilty of illegal arrest and detention of an Umuahia-based land agent, Mr. Festus Onyemauwa, and impounding his vehicle, marked KWU 109 AA.

Onyemauwa, had in his suit no. HU/31m/2014, through his counsel, Mr. Emerson Azubuike, prayed the court to declare his arrest and detention by the police as “illegal, unconstitutional, null and void.”

The plaintiff also urged the court to declare that the seizure and impounding of his car since June 7 as “a contravention of his fundamental rights to own and enjoy his movable property as enshrined in Section 35, 44 and 46 of the 1999 Constitution.”

But in his submission, counsel to the police, Mr. Joseph Offor, a Deputy Superintendent of Police, said that the plaintiff was being investigated for alleged criminal offences.

The counsel argued that the police were investigating “a case of fraud, obtaining by false pretences, intimidation and threat to life” levelled against the plaintiff by Messrs John Ogbonna and Eze Chinagorom.

He therefore urged the court to dismiss Onyemauwa’s suit “as lacking in merit and a ploy to escape justice.”

Delivering judgment, Justice Theresa Uzokwe, declared that the seizure of Onyemauwa’s car was “a violation of his fundamental rights.”

The court awarded N50,000 to the plaintiff as damages for the wear and tear on his vehicle, in addition to N30,000 as cost of litigation.

Justice Uzokwe ordered Zone 9 police to immediately “release the vehicle and to refrain from harassing and arresting” the plaintiff.

The judge, however, asked the plaintiff to submit himself to the police for investigation on the allegations levelled against him.

According to the judge, the court could not stop the police from discharging their lawful duties.

It is not yet clear if the police would appeal the judgement as their counsel was not in court.

However, the plaintiff’s lawyer commended the court for the “ sound judgement,” saying it would send signals to human rights violators that they could never go scot-free.

PUNCH