UNLAWFUL DETENTION: COURT AWARDS IFEANYI UBAH N10M DAMAGES

A Federal High Court in Lagos  yesterday awarded N10 million damages to Dr Ifeanyi Uba, Managing Director, Capital Oil and Gas Ltd.,  in a suit against the Inspector General of Police (IGP).

Justice Chukwujekwu Aneke also granted an order of perpetual injunction restraining the police, either acting by themselves or their privies, from harassing, detaining or infringing on the fundamental rights of the applicant. Ubah had filed the suit on Jan. 10 through his counsel, Mr Ajibola Oluyede, against the I-G and three others for alleged infringement on his fundamental human rights.

The court also granted the prayer of Ubah, seeking a declaration by the court that the complaint by the Presidential Committee on Verification of Oil Subsidy Payment to oil marketers was tainted by malice.

Joined in the suit are: the Commissioner of Police, Special Fraud Unit (SFU), Mr Ayotunde Ogunsakin; the Managing Director of Access Bank, Mr Aigboje Aig-Imoukhuede and the Managing Director, Coscharis Motors, Mr Cosmas Maduka.

Ubah had filed the application seeking an order to set aside an interim report issued by the Commissioner of Police, SFU, dated Nov. 2, 2012. The applicant in his originating motion said that the interim report that indicted him of money laundering and criminal conspiracy was a prosecutorial misconduct.

He also affirmed that another report by the SFU dated Nov. 3, 2012, in which a case of stealing and economic sabotage was levelled against him, amounted to a breach of his fundamental right. The applicant had asked for N10 billion compensatory damages from all respondents, jointly and severally, for the injury suffered as a result of his detention for 10 days at the SFU office at Ikoyi, Lagos. At the last adjourned date, Mr Godwin Obla, counsel to the I-G, had raised a preliminary objection to the application, contending that Uba could not prevent the police from discharging their statutory duties.

Delivering his judgment, Aneke held on the issue of estopped that the court was not estopped in any form whatsoever, from hearing the plaintiff's application. The judge said that although a similar case may have been adjudicated upon before a brother judge in the same court, the substance and ingredient of both suits were entirely different.

“The doctrine of estoppel only operates where the parties are privies. “The suit referred to by the respondent which came up before my learned brother Justice Okon Abang, has no bearing with the current suit. “The facts, substance and ingredients of both suits are completely different, I therefore hold that the judgment of Abang does not constitute estopped to this suit,' Aneke ruled. It is my humble but firm view that this suit as instituted by the applicant is competent. By the provisions of Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the applicant's suit and his ancillary reliefs sought is hereby sustained. The preliminary objection of respondents has no basis and is devoid of merit. The objection hereby fails and is accordingly dismissed. An order of perpetual injunction is therefore made restraining the respondents either by themselves or their privies, from arresting, detaining or otherwise harassing the applicant in any form whatsoever. The sum of N10 million is also awarded as damages against the respondents, jointly and severally, for infringing on the personal liberty of the applicant,' Aneke added.