Justice John
Tsoho of the Federal High Court, Abuja Division, yesterday awarded N40million
compensation against Kaduna State Governor Nasir El Rufai and the
state’s
Commissioner of Police.
The judgment
was in a N21billion fundamental rights enforcement suit filed by Audu Maikori
against the Inspector General of Police, Kaduna State Commissioner of Police,
Kaduna State Governor and the Attorney General of the State, in the suit No.
FHC/ABJ/CS/385/17.
Maikori, the
Chief Executive Officer of Chocolate City Entertainment, had challenged his
arrest and detention by the Police over a tweet he wrote on his Twitter handle.
Maikori was
first arrested in Lagos on February 17, this year and detained for 24 hours in
Abuja on allegations of posting inciting materials on the Internet.
El-rufai had
pledged to ensure Maikori’s prosecution for allegedly circulating inflammatory
materials capable of exacerbating the deadly conflict in Southern Kaduna.
In the
tweet, Maikori had allegedly posted that some Southern Kaduna students were
killed by Fulani herdsmen, for which he later apologised, stressing that his
driver had misinformed him.
Out of 25
reliefs sought by Maikori, the court granted 14 and refused the others.
In his
judgment, Justice Tsoho ordered the respondents, jointly and severally, to pay
the applicant the sum of N10million only as compensation for the violations of
his right to personal liberty, as enunciated in Section 35(6) of the 1999
Constitution (as amended), and for the loss of his business earnings while in
detention.
The court
also ordered the respondents to pay, jointly and severally, as general damages,
the sum of N10million for injury to character, self-reputation, business
reputation, esteem, proper feeling of pride of the applicant, his staff,
management and the applicant’s other international business concerns.
In addition,
Justice Tsoho granted an order for payment of damages in the sum of N20million
for injury to health, for medical bills incurred by the applicant in treating
himself and for psychological damage done on the applicant.
The court
also awarded N1, 430 as cost of suit, as well as 10 per cent interest per annum
on damages until total and final liquidation of same.
The Judge
held that following the tweet on the social media, the applicant (Maikori) has
made himself liable to be arrested, even though he realised that he was
misinformed by his driver, saying: “I hold the respectful view that by virtue
of his act, the applicant made himself liable to be deprived of his personal
liberty.”
The court,
however, noted that an arrest made by the Police upon reasonable suspicion of
committing of a crime is lawful, but further clarified that the judgment was in
respect of the fundamental rights enforcement suit filed by the applicant. “The judgment is without prejudice for the
offences for which the applicant is standing trial.
“The
judgment will serve as a lesson to law enforcement agencies. They should
discharge their duties in accordance with constitutional requirements and not
with impunity,” he held.
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