Anambra court orders police to pay Onitsha businessman N5m

Alphonsus Nweze, Awka

An Anambra state High Court sitting in Ogidi,I Idemili Local Government of the state has ordered the police officers to pay N5 million as compensation to an Onitsha-based businessman, Ugochukwu Oraefo, for extortion, illegal arrest, unlawful detention and torture.

Mr. Oraefo was sometime this year whisked away from his factory by men of the state Special Anti-Robbery Squad (SARS) to their office at Awkuzu, where he was detained, subjected to excruciating torture while N6 million was extorted from him.

But, Oraefo through his lawyer, Justus Ijeoma, the Executive Director of International Human Rights and Equity Defence Foundation (I-REF) instituted a fundamental rights enforcement action against the police.

The respondents in the suit marked HID/MISC/ 129/2018 were the state commissioner of police and all those involved in the arrest, torture and extortion of money from the businessman.

The plaintiff in the suit had prayed the court to award N100 million against the respondents jointly and severally as compensation for the unlawful detention, torture and other breaches of the applicant’s fundamental rights.

The plaintiff also prayed the court to direct the respondents to tender a written apology which will be published in a very conspicuous page in two national daily newspapers.

Justice E.S Nri-Eze in his judgement held that the respondents failed to prove that the arrest, detention and torture of the applicant was justified in law as the applicant had adduced credible and sufficient evidence to prove that his fundamental rights were violated most unjustifiably when he was arrested, detained and tortured by the respondents who extorted N6 million from him.

Said the judge, “I hold that the applicant’s fundamental rights were grossly abused and violated when the respondents subjected him to such cruel, inhumane and degrading treatment and torture.

“It was wrong, unconscionable and I dare to say a gross abuse of office for the respondents to subject the applicant to such inhuman treatment merely to intimidate and extort such huge amount of money from the applicant.”

He said the applicant, from the peculiar facts of this suit, was entitled to exemplary or aggravated damages against the respondents for the cruel, outrageous and flagrant disregard and violation of the ahis fundamental right to life and dignity of the human person.

“The respondents are hereby restrained from further harassing the applicant. The respondents are hereby ordered to tender a written apology to the applicant, either collectively or individually published in a very conspicuous page in two daily newspapers circulating nationwide.

“I award the sum of N5 million against the respondents jointly or severally, as exemplary and /or aggravated damages for the unlawful violation of the applicant’s fundamental rights,” said the judge.

Justice Nri-Eze also awarded N100, 000 against the respondents jointly and severally.