Date Published: 09/08/11

Court orders I.G to pay suspect N250,000 Compensation for unlawful detention

Hafiz Ringim

An Abuja High Court on Thursday, ordered the Inspector General of Police, Hafiz Ringim, and the Attorney General of the Federation (AGF), Mohammed Adoke, to pay N250,000 to one Abubakar Yunusa for unlawful detention.

Justice Ugochukwu Ogakwu, gave the order while delivering judgement in an application filed by Yunusa for the enforcement of his fundamental right to personal liberty.

Yunusa was arrested and detained at the Force CID Headquarters in Garki, Abuja in December, 2010 on an allegation of possession of prohibited firearms.

His counsel, Musa Audu, had filed a motion challenging the action of the police in detaining his client for eight months before charging him in a court of law.

In his affidavit, Yunusa is asking for compensation of N10 million and an order of perpetual injunction restraining the police from further detaining him.

Mr Rimamsomte Ezekiel, Counsel to the IG and AGF had filed a counter-affidavit, urging the court to dismiss the application as Yunusa was on Aug. 23, arraigned before a Magistrates' Court.

Ogakwu in his judgement, expressed sadness over Yunusa’s detention for eight months before being charged to a Magistrate Court, saying ``it is not reasonable and a clear violation of his fundamental right. ``The police reserve the power to arrest, investigate and prosecute offenders but such powers should be exercised in accordance with the law,” Ogakwu said.

He, therefore, declared that the detention of Yunusa for eight months without any formal charge before a court was unlawful, illegal and unconstitutional. Ogakwu ordered that N250,000 be paid to the applicant as compensation but refused the order of perpetual injunction restraining the police from further detaining him.