Court Fines Ogun CP, Five Others N25m For Unlawful Detention

A High Court of Justice in Ogun State, Abeokuta Judicial Division, has awarded N25 million in damages against the office of the Ogun State Commissioner of Police and five others for the unlawful arrest and detention of Sunday Mafe.

According to a ruling acquired on Tuesday, April 2, 2024 and signed by Justice E.O. Osinuga on Monday, February 5, 2024, the court ruled that Mafe’s multiple detentions by Nigeria Police Force officers violated his fundamental human rights.

The judge also ruled that the applicant, Mafe, was detained on several occasions from December 2 to 5, 2016, December 16 to 20, 2016, and December 23 to 29, 2016, based on a petition written by Yomi Nuberu, a lawyer, on behalf of one Chief Sakirudeen Olufowobi, over a civil and land matter over which the police had no jurisdiction, was without lawful justification, unconstitutional, and unlawful.

The case, HCJ/150/2017, was between the applicant, Sunday Mafe, and the Commissioner of Police, Ogun State; former Area Commander, Ijebu Ode, Assistant Commissioner of Police Funsho Ajao (retd.); Team Leader Eleweran, Inspector Rotimi; Team Leader Eleweran, Supol Nurudeen Ayinla; Team Leader, Igbeba, Inspector Gbenga Folorunso; and Team Leader, Igbeba, Inspector Wasiu Tijani.

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The application was submitted in response to a violation of Section 125A of the Criminal Code (CAP C38) as well as a violation of the applicant’s fundamental human rights as guaranteed by Sections 34 and 45 of the 1999 Constitution, as amended.

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According to the action filed by Kayode Oshiyemi, Mafe asserted that he was detained multiple times by Nigerian Police Force officers in December based on a petition prepared by Yomi Nuberu on Olufowobi’s behalf.

He further said he was suspected of carrying rifles and ammunition, but nothing was discovered in his home, and he was imprisoned despite this, and that he was accused of collecting N10.8 million from Olufowobi in a civil transaction involving land ownership.

As a result, Justice Osinuga awarded Mafe N25 million in damages for his unlawful arrest by the police.

The court also advised the police that their duties do not involve civil transactions, disputes, contracts, or land conflicts.

The judgement read, “Having resolved issues 2, 3, 5, 6, and 7 in favour of the claimant/applicant, I hold that the claim of claimant/applicant against the respondents succeeds accordingly, it is ordered:

“The sum of N25,000,000.00 (twenty-five million naira) is hereby awarded for the applicant and against the 1-6 respondents jointly and severally as general and compensatory damages for breach of the applicant’s fundamental rights as enshrined in Sections 34 and 35 of the 1999 Constitution, as amended.

“An order mandating/compelling the respondents to tender public apology to the applicant for breach of his fundamental rights in writing and in two national newspapers within four months of this judgment, giving three months window to appeal.

“A declaration that the respondents should stop harassing the applicant with threats of further arrest and stop using the machinery of police as a tool for intimidation and oppression of the applicant as it relates to facts disclosed in this suit.”

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli