By Correspondent in Lokoja.
The Police Command in Kogi State is to pay one million to a suspect, Daniel Atabor, as damages, for breaching his Fundamental Rights.
Justice Sunday Bassay-onu of a Federal High Court II, gave the award while delivering his judgement in the case filed before the court by Atabor, represented by his counsel, Mr O.E. Amoke.
The Reporters recalls that the suspect was arrested on Sept. 25 by the Police A Division, Lokoja, Kogi State, over alleged purchase of a stolen motorcycle from one other person but kept in Kabba Custodian centre ever since without bail or charge before a Court of Law.
Justice Bassay-onu noted that the continuous detention of Otabor was a “breach of his fundamental rights”, adding that the police action was against the Section 4 of the Police Act.
The judge reminded the Police that Section 4 stipulates that a suspect should not be detained beyond a day or two from the time of his/her arrest.
According to him,keeping the applicant beyond the stipulated time frame, within the Police Act, amounted 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 nation’s 1999 constitution (as Amended)
He added that, the police action also negated the principle contained in 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.
The Judge consequently awarded one million as damages to the applicant, against the respondents (Police), having breached his rights and liberty.
The court also ordered the respondent to release the applicant on bail and charge before a law Court and to publicly apologise to him in a national newspaper.
The online publication recalls that Atabor had, through his counsel, prayed the Court to declare his continued detention by the police as illegal and a breach of his fundamental rights, adding that his rights are enshrined in the nation’s 1999 Constitution and African Charter of the laws of Federal Republic of Nigeria.
He also demanded N50 million as damages for this arrest and detention beyond the 48 hours as stipulated by the Police Act and against sections 34, 35(1)(3)(4)(5)(6), 37 and 41(1)(2) of the nation’s 1999 constitution (as Amended).
Atabor also relied on 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 in his prayer to the court.
He also asked for a public apology to be published in a national newspaper by the police over the breach of his fundamental rights and liberty as a citizen of Nigeria.
Responding to the judgment, the Police,through their Counsel, S.I. Ikutowa claimed that they were still investigating the case of a stolen property labeled against Atabor.
Ikutowa expressed the feared that releasing Atabor from detention would negativity affect police investigation into Atabor’s case.
Edited by Dada Ahmed.
