A High Court of Justice in Ogun State, Abeokuta Judicial Division, has ruled in favor of Sunday Mafe, awarding him N25 million in damages against the office of the Ogun State Commissioner of Police and five other individuals for his unlawful arrest and detention.
According to the judgment signed by Justice E.O. Osinuga, the court found that the repeated detentions of Mafe by the Nigeria Police Force were in violation of his fundamental human rights.
These detentions occurred on several occasions in December 2016, based on a petition written by a lawyer on behalf of Chief Sakirudeen Olufowobi regarding a civil and land matter over which the police had no jurisdiction.
The court held that such detentions were without lawful justification, unconstitutional, and unlawful.
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It emphasized that the police’s role does not extend to civil transactions, disputes, contracts, or land disputes.
The case, with suit no. HCJ/150/2017, involved Mafe and the Commissioner of Police, Ogun State, along with other police officials.
Mafe’s application was based on the breach of Section 125A Criminal Code CAP C38 and the breach of his fundamental human rights as enshrined in Sections 34 and 45 of the 1999 Constitution, as amended.
Mafe alleged that he was detained multiple times by the police based on a petition, accused of possessing arms and ammunition, and falsely accused of a civil transaction involving the sum of N10.8 million. Despite these allegations, no evidence was found to support them.
Justice Osinuga awarded Mafe the sum of N25 million as damages for his unlawful detention by the police.
Additionally, the court ordered the respondents to tender a public apology to Mafe in writing and in two national newspapers within four months of the judgment.
It also declared that the respondents should cease harassing Mafe with threats of further arrest and stop using the police as a tool for intimidation and oppression.
The applicant was represented by Kayode Oshiyemi and R. A. Adebanjo.
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