SAN FRANCISCO, August 24, (THEWILL) –Â The Federal High Court, Abuja, has ordered the Chief of Army Staff, Tukur Buratai, to pay N11 million to 11 Gombe State indigenes that were of illegally detained by the Army.
This was delivered by Ijeoma Ojukwu, in her judgment, saying the detention of the applicants since July 6 was illegal and unconstitutional adding that the detention of the 11 people was a breach of their fundamental rights and ordered their immediate release.
The detainees are James Yusuf, Ishaya Ali Poshiya, Nehemiah Yohanna Poshiya, Husseini Poshiya, Hamma Poshiya, Yusuf Mafindi, Yila Boyi, James Bare, Ezekiel Dandaudu, Ali Ishaku and Ilya Bala.
Mrs Ojukwu, in her judgement, ruled that Buratai should pay detainees N1 million each and maintained that no arresting authority was permitted to arbitrarily detain a person beyond the statutorily prescribed period.
According to the court’s processes, the applicants were arrested by officers of the Nigerian Army on July 6 following the murder of one David Jauro Stephen.
Mr Stephen was attacked on his farm by some unknown assailants from a neighbouring village, Shongom in Gombe State.
However, after the applicants discovered the corps of Mr Stephen on his farm, they tried conveying it home but were in the process caught by the army and arrested.
The Judge noted that; “The long detention and torture, without detention order, of the Applicants since July 6, 2018, by servants and agents of the 1st defendant, COAS, is illegal and unconstitutional and is a violation of the applicants’ fundamental rights as enshrined under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999.
“The 1st Respondent shall pay the sum of N11, 000 000 (Eleven Million Naira) only to the applicants (jointly) as damages for the breach of the applicants’ rights under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999.
“No circumstances whatsoever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment. All law enforcement officers must conform to accepted norms and rule of law in the discharge of their statutory duties.’’
The judgement followed a fundamental right enforcement suit marked: FHC/ABJ/CS/777/2018, which the applicants filed through their lawyer, Mela Audu Nunghe.
