An Enugu High Court has awarded N25 million as damages to former Enugu Deputy Governor, His Excellency Sunday Onyebuchi following his unlawful arrest and detention by the police in the state. The cost was awarded against the Commissioner of Police (2nd Respondent) and Chidiebere Ijioma, Commander Octopus Squad, Enugu, (1st Respondent).
The former deputy governor and applicant in Suit No. E/1001/2023 had by Motion on Notice dated 21st November 2023 dragged the respondents to court over his unlawful arrest and detention. He said he was arrested at Garden Avenue of Union Bank on October 25, 2023 where he went to reactivate his ATM card.
He said he was informed that his account was frozen and a “post no debt” flagged on the account and also “arrest upon sight” was also placed on the account. He said he was subsequently arrested in the most humiliating and embarrassing manner and taken to the Central Police Station (CPS).
On inquiry for his arrest and detention he was told by the DPO that he was acting on the orders of the Commissioner of the Octopus Squad, Area Command Enugu. He was later taken to the Police Area Command, Abakaliki Road.
It was only there that he was informed that the police were investigating one Amulu Abraham Azubuike, a House of Assembly aspirant from Uzu Uwani LGA in the last election on suspicion of fraud. The police said in the course of investigation they noticed that the suspect transferred the sum of N300,000 to his Union Bank Account thus the freezing of his account and arrest.
In the judgement made available to everydaynewsngr.net the presiding Judge Hon Justice C.I Nwobodo also ordered that his Union Bank account be unfreezed. The Court awarded N25 million against the 1st and 2nd respondents in vindication of the applicant’s fundamental rights.
The court held that: “The first and second respondents have no respect for the status of the applicant nor respect for his personal dignity.
“That the arrest and harassment of the former deputy governor on October 25, 2023 by the police in the most humiliating manner on the orders of the 1st and 2nd respondents is wrongful, unreasonable, oppressive and unconstitutional and amounted to infringement of his fundamental rights.
“That the freezing of his bank account No 0040009884 with Union Bank is unwarranted, arbitrary, oppressive and breached applicants right against compulsory acquisition of his property.’
The court ordered the bank to unfreeze the account forthwith. It further restrained the Respondents, their agents perpetually from further harassing the applicant or freezing his bank account in connection with this matter.
The Certified true copy of the judgement, which was delivered on March 27, 2024, was recently obtained by this medium. Investigations show that the police was yet to make any payment in respect to the damages neither have they served any notice of appeal. The Union Bank has however complied to the court order by unfreezing his account.
