JUSTICE John Tsoho of the Federal High Court sitting in Abuja has awarded as compensation and general damages, the total sum of N40m, jointly and severally against Governor Nasir El Rufai of Kaduna and the Commissioner of Police in the state.

The judgment was in 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. The suit was marked FHC/ABJ/CS/385/17.

Maikori is the CEO of Chocolate City Entertainment. He 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 were killed by Fulani herdsmen.

He later apologised, saying his driver misinformed him. 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 N1,430 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 his driver misinformed him. “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.

Reacting on the contribution of an Amicus Curia that was joined in the suit, Justice said though the court appreciated their contribution, however it disagreed on their position in the operation of social media in the country. “Social media cannot be without social responsibility. It would amount to an invitation to anarchy to say that the cyber space is beyond control.

Justice Tsoho observed that it was for the purpose of control and regulations that the Federal Government enacted the Cyber Crime Act. Consequently, the court held that the submissions of the Amicus cutie “are unfounded in the instant case. There must be law and order in the cyber space.”

Maikori was arrested in Lagos on February 19, 2017, based on an arrest warrant endorsed by a Kaduna State Magistrate court. But the court declared the arrest warrant invalid because it was not endorsed by a court in Lagos before the arrest was effected.

“The arrest was improper, illegal and unlawful and by implication, the applicant was wrongfully and unlawfully arrested and detained for 48 hours. By dint of failure to make lawful arrest, the 2nd respondent infringed on the right to liberty, freedom, movement, etc, of the applicant.

In addition, the court agreed with the submissions of Maikori’s lawyer that the applicant was arrested and detained even when the police was aware of his respiratory health challenge. “By virtue of Exhibit 3 (medical report) an affidavit evidence, the police was made aware of the health challenge of the applicant. All the respondents did not controvert this fact. The attitude of the respondents threatened the applicant’s right to life. Right to life and human liberty includes right to human dignity and other things that make life worth living.

Under Section 46(1) of 1999 Constitution, as amended, the court stated that anticipated infringement of fundamental right is protected, adding: “It is appropriate for applicant to seek redress in court. “This court found and held that the conduct of Police infringe on the applicant’s right to life, liberty, dignity, freedom, movement as enshrined in Sections 34, 35, 40 and 43 of the Constitution. –Independent

– Oct 27, 2017 @ 18:53 GMT |