Court orders release of man detained for over 8 months, award him N25m in damages

An Enugu High Court has ordered the immediate release of Mr Sunday Onyeabuchi over unlawful detention by the police and ordered his bank to unfreeze his account.

The Court sitting in Enugu also awarded N25million in damages against the first and second Respondents, Chidiebere Ijioma
Commander Octopus Squad Enugu
and the Commissioner of Police Enugu State

In his ruling, Justice C.I. Nwobodo on Wednesday declared that “through the prompting of the 1st Respondent a wrongful, unreasonable, oppressive and unconstitutional and amounted to infringement of Applicant’s Fundamental right to freedom of personal liberty and dignity of
his human person guaranteed under Ss. 34(1) and 35(1) of the Constitution
of the Federal Republic of Nigeria 1999 (as amended) and Articles 4, 5 and
6 of the African Charter on Human and Peoples Rights.

The Court also declared that the freezing of the Applicant’s bank account No.
0040009884 with the 3rd Respondent bank on the behest of the 1st
Respondent is unwarranted, arbitrary, oppressive and unconstitutional and
breached the Applicant’s right against compulsory acquisition of his
property.

“This Court hereby Orders the Respondents particularly the 3rd Respondent to
unfreeze the Applicant’s account with it forthwith.

” The Respondents, their agents are perpetually restrained from further
harassing the Applicant or freezing his bank account in connection with this
matter.

“The 1st and 2nd Respondents had no respect for the stature of the person of
the Applicant nor respect for his personal dignity for which he is to be
compensated in damages to assuage the breach of his right to personal
liberty and dignity.

“In all the circumstances of this case the Court makes an
award of twenty five million naira (N25,000,000.00) against the 1st and 2nd
Respondents in vindication of his fundamental rights.

“The 3rd Respondent is found not liable for violating the Respondent’s rights
in this application haven merely obeyed the Order of the Court.

“There is cost of N100,000.00 to the Applicant against the 1st and 2nd Respondents.
Appearance; Emeka Asogwa, Esq. for the Applicant.