Enugu High Court has awarded N25 million in damages to the former Deputy Governor of Enugu State, His Excellency Sunday Onyebuchi, following his unlawful arrest and detention by the state police. The court's decision has sparked significant attention across the state and beyond, emphasizing the protection of individual rights against unlawful state actions.
The judgement, delivered by Hon. Justice C.I. Nwobodo, targets the Commissioner of Police (2nd Respondent) and Chidiebere Ijioma, Commander of the Octopus Squad in Enugu (1st Respondent). The case, identified as Suit No. E/1001/2023, was initiated by Onyebuchi through a Motion on Notice dated November 21, 2023.
On October 25, 2023, Sunday Onyebuchi was arrested at the Garden Avenue branch of Union Bank in Enugu while attempting to reactivate his ATM card. He was informed that his account had been frozen with a “post no debt” flag and an “arrest upon sight” directive. The arrest, which occurred in a public and humiliating manner, led to his detention at the Central Police Station (CPS) before being transferred to the Police Area Command on Abakaliki Road.
Upon inquiry, Onyebuchi was told by the Divisional Police Officer (DPO) that his arrest was executed on the orders of Chidiebere Ijioma. It was revealed that the police were investigating Amulu Abraham Azubuike, a House of Assembly aspirant from Uzu Uwani LGA, for fraud. During the investigation, it was discovered that Azubuike had transferred N300,000 to Onyebuchi's Union Bank account, prompting the freeze and subsequent arrest.
In his judgement, Justice Nwobodo condemned the actions of the police, stating, “The first and second respondents have no respect for the status of the applicant nor respect for his personal dignity. The arrest and harassment of the former deputy governor on October 25, 2023, by the police in the most humiliating manner on the orders of the 1st and 2nd respondents is wrongful, unreasonable, oppressive and unconstitutional and amounted to an infringement of his fundamental rights.”
The court ordered the immediate unfreezing of Onyebuchi’s Union Bank account and awarded N25 million in damages against the respondents for violating his fundamental rights. Furthermore, the court restrained the respondents and their agents from further harassment or freezing his account in connection with this matter.
Despite the court's ruling, investigations indicate that the police have not yet paid the awarded damages nor served any notice of appeal against the judgement. However, Union Bank has complied with the court's order by unfreezing Onyebuchi’s account.
The Certified True Copy of the judgement, delivered on March 27, 2024, was recently obtained by everydaynewsngr.net, highlighting the ongoing issues of police misconduct and the enforcement of judicial decisions in Nigeria.
This case underscores the judiciary's role in upholding individual rights and the importance of lawful conduct by law enforcement agencies. The ruling serves as a precedent for future cases involving unlawful arrest and detention, reinforcing the legal protections available to all citizens. [Everydaynews]
