Court fines Gov El Rufai, Police N40m for unlawful detention of Maikori

The Federal High Court in Abuja on Friday awarded the total sum of N40m, jointly and severally against Governor Nasir El Rufai of Kaduna and the Kaduna State Commissioner of Police for unlawfully detaining Audu Maikori.

The fine is an award in favour of Maikori as a compensation and general damage which he incurred while in detention.

The award is part of orders made by Justice John Tsoho in a Judgment of a N21billion fundamental rights enforcement suit, filed by Audu Maikori against the Inspector General of Police; Kaduna State Commissioner of Police; Kaduna State Governor, and the Attorney General of the state.

In the suit Maikori the CEO of Chocolate City Entertainment had challenged his arrest and detention by the police over a tweet he made on his tweeter handle.

Maikori was first arrested in Lagos on February 17, 2017 and detained for 24 hours in Abuja on allegations of posting “inciting” materials on the Internet.

Governor Nasir El-Rufai had pledged to ensure Maikori’s prosecution for allegedly circulating inflammatory materials capable of exacerbating the deadly conflict in Southern Kaduna.

In the tweet, Maikori had allegedly posted that some Southern Kaduna students by Fulani herdsmen.

He later apologised, saying his driver misinformed him.

Out of 25 reliefs sought by Maikori, the court granted 14 and refused the others.

Delivering judgement on Friday, Justice Tsoho ordered the respondents, jointly and severally to pay the applicant the sum of N10m only as compensation for the violations of the applicant’s right to personal liberty as enunciated in Section 35(6) of the 1999 Constitution for the loss of his business earnings while in detention.

The court also ordered the respondents to pay jointly and severally, as general damages, the sum of N10m only for injury to character, self-reputation, business reputation, esteem, proper feeling of pride of the applicant, his staff? management and the applicant’s other international business concerns.

In addition, Justice Tsoho granted an order for payment of damages in the sum of N20m only for injury to health, for medical bills being incurred by the applicant in treating himself and for psychological damage done on the applicant.

The court awarded N1430 as cost of suit as well as 10% interest per annum on damages until total and final liquidation of same.

It was the view of Justice Tsoho that following the tweet on the social media, the applicant (Maikori) has made himself liable to be arrested, even though he realised that he was misinformed by his driver.

“I hold the respectful view that by virtue of his act, the applicant made himself liable to be deprived of his personal liberty” the court stated.

The court noted that an arrest made by the police upon reasonable suspicion of commission of a crime is lawful.

However, the court warned that the judgment “is in respect of the fundamental rights enforcement suit filed by the applicant.

“The judgement is without prejudice for the offences that the applicant is standing trial.

“The judgement will serve as a lesson to law enforcement agencies, they should discharge their duties in accordance with constitutional requirements, and not discharging their duties with impunity.