By Correspondent in Lokoja.
A suspect, Dalukut Sumdi, who challenged the police authorities in court for detaining him unlawfully, claiming N10 million damages,has lost the case.
This is because a Kogi State High Court on Monday, dismissed a N10 million fundamental right suit he labeled against the Nigeria Police Foce (NPF), Inspector General of Police and Kogi Police Commissioner.
Justice A.N. Awulu of State High Court V made the dismissal while delivering his judgement on the suit filed by 24 year old Dalukut Sumdi over what he described as ” lacking in Merit.”
Our Correspondent recalls that Sumdi, had through his Counsel, Mr T.B. Kabang, told the court that he was arrested on Dec 2, 2021, adding that he was detained in police cell until Dec 24, 2921 when he was released on bail.
He, therefore, demanded N10 million damages from the police and others having violated his right to personal liberty as enshrined in section 35(1)(5) of the Constitution of 1999 as amended and Article VI of the African Charter on peoples’ rights Act cap 10 LFN 1990.
However in his judgement, Justice Awulu said in contrast to the Sumdi’s claim, “it’s evident by exhibit S.I.B 6 attached to the police counter affidavit, that the applicant was granted bail on Dec. 3, 2021.”
“He (Sumdi) was requested to produce two surgeries as bail bond but he failed to meet up.
“The implication is that, the applicant was granted bail within 24 hours of being arrested, which is in tandem with the provision of section 35(1)(5) of the Constitution of FRN 1999 as amended.
“I have nothing more to say than accept that the respondent (Police) didn’t detain the applicant unduly and in violation of his right to personal liberty.
“Therefore, the long stay of the applicant in detention was as a result of his failure to produce sureties as demanded.
“I hereby resolve issue two in favour of the respondent.
“On the whole, I hold that this application lacked merit and is hereby dismissed,” the Judge declared.
The Reporters also recalls thatr
the Police through their Counsel, Mr S.I. Ikutanwa, had objected to the claims of Sumdi, whom they accused of lying to the court on the main reason for his long detention.
Ikutanwa, who presented before the court pieces of evidence to prove his case, prayed the court to dismiss the case for lack of merit.
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Reacting to the judgment, Ikutanwa described the decision of the court on the matter as “very Sound” and a “victory to the Judiciary.”
Also in his reaction, Kabang faulted the judgment with a pledged to appeal the decision of the appellate Court.
