A High Court of Ezzangbo Judicial Division sitting in Abakaliki, Ebonyi State capital has ordered the Police authorities in the state and two others to pay the sum of N5 million to a nursing mother over illegal arrest and incarceration.
The court also ordered the police rank and two others to tender an apology in a national daily newspaper to the nursing mother who was illegally arrested and detained at police custody over a matter involving her husband.
The Police Commissioner in the State, Ishielu Local Government Area Divisional Police Officer, Divisional Crime Officer, the Investigation Police Officer and two others were ordered to tender the public apology and pay damages of N5million to Mrs Onyekachi Ogbu among other orders for violating her rights to personal liberty.
Justice Esther Awo-Ota gave the orders while delivering judgement on a case of fundamental human rights enforcement procedure rules 2009 and section 46 of the constitution of the Federal Republic of Nigeria 1999 as amended.
It was gathered that Mr Agor Okeh and David Okeh, 1st and 2nd respondents in the suit marked HKW/307MC/2023, had had accused Ogbu Chigozie, the applicant’s husband of selling the family land and when he could not be apprehended, the police authorities – 3rd to 6th respondents – arrested and detained his wife, Onyekachi Ogbu alongside an 11-month-old baby she was nursing.
After being detained illegally, Onyekachi approached the court for redress on fundamental human rights violations.
While delivering judgment, Justice Awo-Ota granted all the reliefs sought by the applicant, saying “that the arrest and detention of the Applicant together with her eleven months old baby on 2nd day of October 2023 at Ishielu Police Divisional Headquarters Ezzillo by the 4th to 6th Respondents at the malicious instigation of the 1st and 2nd Respondents for offence allegedly committed by her husband, Mr Ogbu Chigozie is unconditional, unlawful, illegal and therefore constitutes a violation of the right of personal liberty of the Applicant.
“The sum of N5, 000,000.00 damages as compensation in favour of the Applicant for violation of her fundamental human rights is to be paid by the Respondents jointly and severally.
“That the Respondents are hereby ordered to tender an apology in writing to the Applicant which shall be published in at least one national daily newspaper in Nigeria.
“An order of injunction restraining the respondents, their agents or subordinates from further violation of the fundamental human rights of the Applicant in matters connected with this application to wit the alleged sale of family land by the Applicant’s husband to a third party, it is so ordered.”
