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From Jeff Amechi Agbodo, Onitsha
The Nigeria Police Force zonal headquarters in Ukpo, Anambra State (Zone 13) has appealed the N10 million damages judgement delivered against it by the Anambra State High Court sitting in Awka in favour of one Sunday Chukwuemeka Ekwueme (Sunny Bigman) over an alleged breach of fundamental rights matter.
Justice D. A Onyefulu of the State High Court Awka had on January 10, 2023, delivered a judgement brought before him by Sunday Chukwu Ekwueme against IGP, AIG zone 13, PPRO zone 13 and his second in command over breach of fundamental rights and awarded N10million damages and N200, 000 cost in favour of the applicant.
The Judge in his judgement declared that the arrest, detention, harassment, intimidation and incarceration of the applicant (Sunday) upon his invitation to zone 13 Ukpo Anambra state between December 14 and December 28, 2022, by the respondent (police) was unlawful, unconstitutional and in breach of the Sunday’s right to dignity of the human person, personal liberty and freedom of movement.
But, dissatisfied with the judgement, the zone 13 police legal team went to the Court of Appeal, Awka to challenge the judgement of the lower court on the ground that the Judge erred in law in his judgement and also went ahead to apply for a stay of execution against the judgement.
The Police Public Relations Officer of the zone SP Nkiruka Nwode while briefing newsmen on the matter said that the zone has appealed the judgement to the higher court, urging the Court of Appeal to set aside the judgment of the High Court.
Nwode said that the suspect was arrested by the police for the alleged offence of conspiracy, fraud and terrorism to wit; willful destruction of private properties at gunpoint which endangers human lives at Umueze Ogwogwu, Oba in Idemili South LGA of the state.
She stated that the suspect was detained in police custody in pursuant to a court order, stressing that the suspect was arrested and charged to the federal high court on December 22, 2022, for the offence of advance fee fraud and terrorism.
According to the Appeal NO. CA/A../2023, SUIT NO. A/MISC 461/2022 ” the learned trial judge with respect errs in law when he proceeded to hear and determine motion NO. A/2050M/2022 on the 28th day of December 2022 and granted the applicant bail who was arrested and charged to the Federal High Court on 22/12/2022 for the offence of advance fee fraud and terrorism without hearing from the respondents. The learned trial Judge breach the principles of fair hearing as it enshrined in the 1999 constitution as amended.
“The learned trial Judge erred in law when it assumed jurisdiction to hear and determine the applicant’s application for enforcement of fundamental rights, who was arrested by the police and charged to Federal High Court for the offence of terrorism. The State High Court has no jurisdiction to try the offence charged under Terrorism Act 2022.
“The Judge erred in law when he refused to join the persons seeking to be joined as respondents and stuck out their counter affidavit. The persons seeking to be joined as respondents were the persons who made the report of advance fee fraud and terrorism to wit; willful destructions of private properties which endangers human lives and caused economic losses and which made the respondents (police) arrest and detained the applicant (Sunday).
“The refusal to join the persons seeking to be joined as respondents and striking out their counter affidavit breaches the principles of a fair hearing” it stated.
