A Federal High Court in Abuja, on Friday, awarded N40 million to the President of Chocolate City Group, Audu Maikori, as compensation for his unlawful arrest and detention, between February 17 and 18, 2017; and again on March 10 and 13, 2017.
Delivering the judgement in the fundamental human rights enforcement suit filed by Maikori, on May 5, 2017, Justice John Tsoho, ordered the four respondents including, the Governor of Kaduna State, Nasir El-Rufai, and the Nigeria Police, to pay the damages to the applicant.
The Judge also directed the respondents to pay the sum of N1,430 to the applicant, as the cost of instituting the suit.
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However, the Judge noted that his judgement was not meant to interfere with the ongoing trial of Makori, in Kaduna State.
He also ruled that the Police could justifiably arrest suspects for allegedly violating the law and order on the cyberspace.
The respondents to the suit are: The Inspector-General of Police, the Commissioner of Police in Kaduna State, the Governor of Kaduna State, and the Attorney-General of Kaduna State.
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Recall, that Maikori was arrested on allegations of posting “inciting” tweets alleging the killings of some Southern Kaduna students by Fulani herdsmen.
The details of the tweets later turned out to be false, but Maikori claimed he obtained the information from his driver.
He later expressed regret over the posts, and retracted them.
The Police subsequently obtained an order of arrest from a Magistrates court in Kaduna, and later arrested him in Lagos, on February 17, flew him to Abuja, where they detained him and released him on bail on February 18.
Justice Tsoho granted 14 out of the 25 prayers sought by the applicant.
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The Judge held that Maikori’s arrest in Lagos was unlawful; stating that he Police failed to register the arrest warrant obtained from a Magistrates court in Kaduna in any court in Lagos, where it effected the arrest.
He ruled: “The arrest was improper, irregular and wrongful.
“By necessary implication, the arrest was unlawful, despite being released after 24 hours.”
The court also agreed with the submissions of Maikori’s Lawyer, Miss Gloria Ballason, that the applicant was arrested and detained between March 10 and 13, even when the Police was aware of his health challenge, thereby violating his right to life and dignity.
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Very good judgment, I hail the judge for bn bold.