A High Court of Justice in Ogun State, Abeokuta Judicial Division, has rendered a judgment awarding N25 million in damages against the office of the Ogun State Commissioner of Police and five others for unlawfully arresting and detaining one Sunday Mafe.
According to the judgment obtained on Tuesday, April 2, 2024, and signed by Justice E.O. Osinuga on Monday, February 5, 2024, the court ruled that the repeated detention of Mafe by members of the Nigeria Police Force violated his fundamental human rights.
The judge also concluded that the multiple detentions of the applicant, Mafe, on December 2 to 5, 2016; December 16 to 20, 2016, and December 23 to 29, 2016, based on a petition filed by Yomi Nuberu, a lawyer representing Chief Sakirudeen Olufowobi in a civil and land matter outside the police jurisdiction, were unjustified, unconstitutional, and unlawful. The case with suit no. HCJ/150/2017 involved the applicant, Sunday Mafe, and the Commissioner of Police, Ogun State, along with former Area Commander, Ijebu Ode, Assistant Commissioner of Police Funsho Ajao (retd.); Team Leader Eleweran, Inspector Rotimi; Team Leader Eleweran, Supol Nurudeen Ayinla; Team Leader, Igbeba, Inspector Gbenga Folorunso, and Team Leader, Igbeba, Inspector Wasiu Tijani.
The application was filed based on the violation of Section 125A Criminal Code CAP C38 and the breach of the applicant’s fundamental human rights as outlined in Sections 34 and 45 of the 1999 Constitution, as amended. Represented by Kayode Oshiyemi, Mafe asserted that he was repeatedly detained by the Nigeria Police Force in December following a petition by Yomi Nuberu on behalf of Olufowobi.
He further claimed he was falsely accused of possessing arms and ammunition, despite no evidence being found in his house, and was detained nonetheless. Additionally, he alleged he was falsely accused of receiving N10.8 million from Olufowobi in a civil transaction related to land ownership.
Consequently, Justice Osinuga ordered the payment of N25 million as damages to Mafe for his unlawful detention by the police.
The court also cautioned the police that their duties do not include handling civil transactions, disputes, contracts, or land disputes.
The judgment stated, “Having resolved issues 2, 3, 5, 6, and 7 in favor of the claimant/applicant, I hold that the claim of claimant/applicant against the respondents succeeds accordingly, it is ordered:
“The sum of N25,000,000.00 (twenty-five million naira) is hereby awarded for the applicant and against the 1-6 respondents jointly and severally as general and compensatory damages for breach of the applicant’s fundamental rights as enshrined in Sections 34 and 35 of the 1999 Constitution, as amended.
“An order mandating/compelling the respondents to tender a public apology to the applicant for breaching his fundamental rights in writing and in two national newspapers within four months of this judgment, giving three months’ window to appeal.
“A declaration that the respondents should cease harassing the applicant with threats of further arrest and stop using the police machinery as a tool for intimidating and oppressing the applicant as it relates to the facts disclosed in this suit.”
