A Federal High Court sitting in Lokoja on Tuesday ordered the police in Kifi to pay N1million in damages to a suspect for breach of his Fundamental Rights.
Justice Sunday Bassay-Onu the order while delivering judgment in the case filed by Daniel Atabor, through his counsel, Mr O.E. Amoke.
The News Agency of Nigeria (NAN) reports in Lokoja that Atabor was arrested on Sept 25 by the Police A Division, Lokoja, Kogi, over alleged purchase of a stolen Motorcycle from one other person but kept in Kabba Custodian centre without bail or being charged. Justice Bassay-Onu described the continuous detention of Otabor as a “breach of his fundamental rights” having flaunted Section IV of the Police Act, which stipulates that a suspect shouldn’t be detained beyond a day or two days from the time of his/her arrest.
“For keeping the applicant beyond the stipulated time frame within the Police Act amounts 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 1999 Constitution (as Amended) and 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. “Consequently, One Million Naira is hereby awarded as damages to the applicant by this honourable Court against the respondents (Police) haven breached his rights and liberty.
