Delta court awards N30m damages to businessman over unlawful arrest

A High Court docket sitting in Asaba, Delta Teach, has awarded the sum of ₦30 million in damages to Mr. Tobechukwu Cyril Ananweude, a businessman and Chief Govt Officer of Karizma Kraft, over what the court docket described as his unlawful and unconstitutional arrest and detention by police personnel in reference to a civil contract dispute.

In a landmark ruling delivered by Justice Onome Marshal-Umukoro in Swimsuit No: DTHC/ASB/FR/forty eight/2024, the court docket held that the arrest and detention of Mr. Ananweude by officers of the Nigeria Police Force, performing on the directives of certain folks, constituted a unsuitable violation of his traditional human rights.

The respondents in the suit embrace the Delta Teach Commissioner of Police, CP Olufemi Abaniwonda; Mr. Udaya Chidiebere, a non-public individual; Mrs. Mordi Juliana, a judicial officer; CSP Rex Enwelikwu, DPO of “A” Division Police Problem, Asaba; SP Ruth Essang; and Inspector Ifeyinwa Uwakina. The court docket ordered all six respondents to jointly and severally pay ₦30 million to the applicant and to tender a written apology to Ananweude.

Justice Marshal-Umukoro condemned the arrest of Ananweude over a breach of contract complaint as “unconstitutional, unlawful, illegal, null and void.” She additionally issued an narrate restraining the respondents from additional gripping, detaining, or otherwise infringing on the applicant’s rights in the case of the acknowledged contract dispute.

Ananweude’s counsel, Mr. A.F. Brideba, had suggested the court docket that his client modified into once arrested and detained by officers from “A” Division Police Problem in Asaba on April 16–17 and once more from Can even 4–6, 2024. He argued that these arrests stemmed from a purely civil matter referring to to a contract for interior and exterior ornament work valued at ₦10.3 million.

Per the applicant, Mr. Udaya Chidiebere, who engaged him for the ornament of a property in Asaba, had in the origin paid ₦8 million nonetheless later turned uncooperative, issued threats, and resorted to using legislation enforcement to intimidate him. Brideba alleged that his client and his brother were coerced into signing an agreement below duress for the length of detention.

The applicant additional claimed that despite no longer receiving fleshy payment, he persisted work on the venture using private funds and suffered each and every financial and reputational damages due to the arrests. He additionally accused Mrs. Juliana Mordi, a physique of workers member of the Chief Magistrates’ Court docket 1 in Asaba, of abusing her judicial authority to bother him additional.

In their protection, counsel for the first and 2nd respondents, I.U. Uchechukwu, contended that the applicant did no longer total the job inner the agreed timeframe and had demanded extra cash previous the preliminary agreement. They claimed the work executed modified into once improper and incomplete despite a complete payment of ₦8 million.

Mrs. Mordi, thru her counsel, denied all allegations against her, describing them as malicious and unsuitable.

Representing the third to sixth respondents, police counsel Mrs. G.O. Okwegbe, submitted a counter-affidavit wherein the investigating officer, Inspector Ifeyinwa Uwakina, stated that the applicant modified into once arrested following a prison complaint lodged by Mr. Chidiebere on April 14, 2024. The complaint alleged obtaining money below unsuitable pretence, stealing by conversion, and threats to existence.

Uwakina suggested the court docket that the applicant gave a voluntary assertion and modified into once granted bail the identical day nonetheless remained in custody unless April 17 due to his inability to receive a surety.

Despite these counterclaims, the court docket dominated firmly in favour of Mr. Ananweude, inserting ahead that legislation enforcement can also soundless no longer be weaponized for civil disputes and reaffirming the rights of electorate against abuse of energy by police and judicial reputable.