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COURT SLAMS N1M DAMAGES ON POLICE OVER ILLEGAL DETENTION

From Echezona Okafor, Nnewi

The Federal High Court sitting in Umuahia, Abia state, under Justice K.O. Ogundare, has awarded one million naira (N1m) damages jointly and severally against the Nigerian Police Force, Zone 9, Umuahia, over the voillation of the Fundamental Human Rights of two citizens of Nigeria, Chiamaka Nsionu and Amarachi Chidi, under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

The duo, through their learned counsel, Chima Nnamdi, in the suit: FHC/UM/CS/79/2023, sought, among other reliefs, a declaration of the court that arrest of the applicants: Chiamaka Nsionu and Amarachi Chidi, on 18th May, 2023, at the premesis of Nelico Biochemical Industries Ltd., Asa-Umunka, Abia state, and their subsequent detention at Zone 9 Police, Umuahia, by the police operatives until 20th May, 2023, is illegal, unconstitutional and void being inconsistent with Section 35(1) of the 1999 Constitution, as the applicants did not commit any criminal offence, and there is no reasonable ground for suspecting that the applicants committed any criminal offence.

Another declaration that directive by Zone 9 Police, Umuahia, that the applicants shall return to Zone 9 Police, Umuahia, on 22nd May, 2023, with the CEO/Chairman of Nelico Biochemical Industries Ltd, and failing which the two applicants shall be further arrested and detained is illegal, unconstitutional and void.

An order of perpetual injunction restraining the police, their agents and others howsoever from giving effect or enforcing the directive that the applicants shall return to Zone 9 Police, Umuahia, or further arresting and detaining them is illegal, unconstitutional and void as there is no reasonable ground to suspect that the applicants committed any criminal offence.

And award of one million naira only for each of the applicants against the Nigerian Police Force, Zone 9, Umuahia, on the footing of aggravated and exemplary damages, as compensation for each of the applicants in that their arrest and detention are completely illegal and capricious; being inconsistent with Section 35 of the 1999 Constitution.

Respondents in the matter include: the Inspector General of Police (IGP); Assistant Inspector General of Police, Zone 9, Umuahia; Inspector John Onunaku; O/C Police Monitoring Unit, Zone 9, Umuahia, and the Police Service Commission (PSC).

The applicants, through their counsel, agured that to arrest a citizen of Nigeria in circumstance that is clear that no offence was committed is inconsistent with Section 35(1) of the 1999 Constitution; and the court, under Section 35(6) and 46 of the 1999 Constitution can award compensation by way of damages, and give such directive as will ensure that illegal arrest and detention is redressed and stopped or abated.

In its judgement dated March 27, 2025, the court declared that the arrest of the plaintiffs: Chiamaka Nsionu and Amarachi Chidi, on 18th May, 2023, at the premesis of Nelico Biochemical Industries Ltd., Asa-Umunka, Abia state, and their subsequent detention at Zone 9 Police, Umuahia, by the police operatives until 20th May, 2023, are illegal, unconstitutional and void being inconsistent with Section 35(1) of the 1999 Constitution, as the applicants did not commit any criminal offence, and there is no reasonable ground for suspecting that the applicants committed any criminal offence.

The court further declared that the directive of the police as a condition for the release of the applicants from detention that both applicants shall return to Zone 9 Police, Umuahia, on 22 May, 2023, with CEO/Chairman of Nelico Biochemical Industries Ltd, and failing which the applicants shall be further arrested and detained is illegal, unconstitutional and void, being inconsistent with Section 35(1) of the 1999 Constitution, as the applicants did not commit any criminal offence, and there is no reasonable ground for suspecting that the applicants committed the offence.

It further made an order of perpetual injunction restraining the police from giving effect or enforcing the directive that the applicants shall return to the Zone 9 Police, Umuahia, or further arresting and detaining them.

The court awarded the sum of one million naira (N1m) jointly and severally against the Nigerian Police, Zone 9, Umuahia, in favour of the applicants as damages and compensation for their arrest and detention by the police; being completely illegal, and inconsistent with Section 35(1) of the 1999 Constitution, as amended.

The court also awarded the sum of two hundred and fifty thousand naira only (N250,000) against the respondents in favour of the applicants, being assessed cost of action.

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