The Federal High Court in Abuja has ordered the Nigeria Police and Onukogu Hezekiah to pay N10 million in damages to Hezekiah Duru for his unlawful arrest and detention.
Justice Donatus Okorowo made the ruling after Duru filed a suit for the enforcement of his fundamental human rights under Sections 6(6)(a), 34, 35, 36, and 46 of the 1999 Constitution as amended.
According to the Certified True Copy of the judgment, Duru was arrested and detained from December 11 to 29, 2023, following allegations of financial misappropriation, embezzlement, cheating, and breach of trust initiated by Mr. Hezekiah.
However, these allegations were already being investigated by the Economic and Financial Crimes Commission before Duru’s detention by the police.
The legal proceedings began on January 4, when Duru’s legal team filed the suit along with an ex parte application for his bail. Despite the court granting bail on January 5, the respondents, including Mr. Hezekiah and the Nigeria Police, failed to comply with the court’s directive.
The court declared that Duru’s fundamental rights, as enshrined in the Constitution, were violated through his illegal arrest and subsequent detention. Justice Okorowo condemned the refusal to grant Duru bail, especially when the allegations against him were bailable, and held that this action was a blatant violation of his rights.
The court also issued an injunction restraining the police and its officers from engaging in any form of harassment, intimidation, or detention of Duru.
The police, however, ignored the court’s directive, even after it declared that the warrant of arrest from the Nasarawa State Magistrate Court was unlawful, an abuse of power, an abuse of judicial process, and an infringement of Duru’s right to a fair hearing and personal liberty.
To address the injustices suffered by Duru, the court ordered the police to pay N10 million in damages, to be jointly and severally borne by Mr. Onukogu, the Nigerian Police, and the Inspector General of Police.
