Crime/Justice
Court Fines Police, Others N20m Over Human Rights Abuses
A Port Harcourt High Court in Rivers State presided over by Justice Chinwendu Nwogu has slammed the sum of #20 million against the Inspector General of Police ,Cp Akika Augustine Ayasi and one chief Jasper F.Jumbo over breached of fundamental human rights .
The court also ordered 10% post judgement interest per annum on the judgement sum until final liquidation by the Respondents”
The further restrained the IGP , the police and Chief Jasper Jumbo ,their agents, servants ,privies and successors whosoever and in howsoever manner acting on his behalf or any member of his Jumbo major House from petitioning /reporting the applicant to the 1st and 2nd respondents or the Nigeria police force or to whosoever an in howsoever manner for the purpose of invitation, arrest, intimidation ,detaining ,harassment ,persecuting of the applicant respondent, Emmanuel Asido Esq to answer for the allegations levelled against I.E.Nwosu,SAN ,after his demise in connection with the personal agreement between l.E.Nwosu SAN ,and Jumbo Major House for the recovery of rent /compensation for Jumbo Major House from Shell petroleum Development Company of Nigeria limited by late L.E.Nwosu SAN ,in suit No .PHC/1966/2007 in Dagogo William Brown & ORS Vs the Government of Rivers State and ANOR.
The trial judge, Justice Chinwendu Nwogu made these declarative orders while ruling on a suit brought before the court by the Applicant/Respondent, Emmanuel Asido, Esq against the Inspector General of Police, CP Akika Augustine Ayasi who are the Respondents and Chief Jasper f.Jumbo ,Respondent/Applicant bordering on fundamental Rights and it’s enforcement with a suit No.PHC/311/FHR/2023.
The case of a fundamental rights action commenced by the notice of application for order enforcing a fundamental right with the accompanying processes was filed on 8.2.2023 ,wherein the Applicant seeks against the respondents jointly severally among others ,that the court due declare that the Applicant as a Nigerian citizen is entitled to enjoy his fundamental human right to freedom of movement and personal liberty as enshrined under section 35(1) and 41of the Constitution of the Federal Republic of Nigeria 1999 as (amended) without threat ,intimidation and harassment by the 1st and 2nd respondents on the unwarranted instigation by the 3rd respondent.
He sought a declaration was to the effect that” the statutory duties of the 1st and 2nd respondents, their agents, servants, officers or otherwise, do not cover or extend to intervention in civil matters, especially debt recovery and, therefore, are not entitled to invite, arrest or detain the Applicant on the unwarranted instigation of the 3rd Respondent(Chief Prof. Jasper F. Jumbo) to answer for the allegations against late L .E. Nwosu, SAN, and Jumbo Major House for the recovery of rent/ compensation for Jumbo Major House from Shell Petroleum Development Company of Nigeria Ltd by late L.E. Nwosu, SAN, in Suit No.PHC/1956/2007 – Dagogo William Brown & ORS V. The Government of Rivers State of Nigeria ANOR”
He prayed court to award the sum of #50,000,000.00(fifty million naira) in his favour being and representing the cost of damages for the threat, harassment, intimidation of the Applicant by the 1st and 2nd Respondents on the unwarranted instigation by the 3rd Respondent to answer for the allegations against L .E. Nwosu, SAN, and Jumbo Major House from Shell Petroleum Development Company Nig Ltd by late L .E. Nwosu, SAN, in Suit No.PHC/1956/2007- Dagogo William Brown & ORS V. The Government of Rivers State of Nigeria ANOR”, in addition to the sum of #5,000,000.00(five million naira) as cost of litigation.
Delivering his judgement on the suit, the trial judge, justice Chinwendu Nwogu held that the Respondents have breached the fundamental Right of the Applicant and accordingly, the Applicant was entitled to compensation by way of award of damages in the sum and resolved all the issues raised by the Applicant in his favour “the application has merit and therefore succeeds”
“The sum of #20.0000,000,00 (twenty million Naira), against the Respondents jointly and or severally being and representing damages for the threat ,harassment and intimidation of the Applicant by the 1st and 2nd Respondents on the unwarranted instigation by the 3rd Respondent to answer for the allegation levelled against L.E Nwosu, SAN ,after his demise in connection with a personal agreement between L.E.Nwosu ,SAN ,and Jumbo Major House from Shell petroleum Development Company of Nigeria limited by late L.E.Nwosu, SAN ,in suit NO:PHC/1956/2007_Dagogo William Brown & ORS V Government OF Rivers State of Nigeria .10% post judgement interest per annum on the judgement sum until final liquidation by the Respondents”
By: Akujobi Amadi