A Federal High Court in Abuja has awarded N40million damages against Kaduna State Governor, Nasir el-Rufai, the Inspector General of Police (IGP) and two others over the unlawful detention of the promoter of Lagos-based record company, Chocolate City Group, Audu Maikori.
Justice John Tsoho ordered the award yesterday in a judgment in a fundamental rights suit brought by Maikori.
Justice Tsoho held that the arrest and detention of Maikori between February 17 and 18, 2017, and again March 10 and 13, 2017 by the police, on instigation of the Kaduna Government was unlawful.
The judge equally ordered the respondents (el-Rufai, Kaduna State’s Attorney General, Police Commissioner in Kaduna and IGP) to pay N1, 430 to the applicant as the cost of instituting the suit.
Justice Tsoho said the judgment should not serve as a bar on Miakori’s ongoing trial before a court in Kaduna.
He said the police possess the constitutional power to legitimately arrest suspects for allegedly violating law and order on the cyberspace.
Maikori was arrested on allegations of posting “inciting” tweets alleging the killing of some Southern Kaduna students by Fulani herdsmen.
The details of the tweets later turned out to be false, but Maikori claimed he obtained information from his driver.
He later expressed regret over the posts and retracted them.
The police subsequently obtained an order of arrest from a Magistrate’s in Kaduna with which the arrested him in Lagos on February 17, flew him to Abuja where they detained him and released him on bail on February 18.
Justice Tsoho granted 14 out of the 25 prayers sought by the applicant.
The judge said Maikori’s arrest in Lagos was unlawful, the police having failed to register the arrest obtained from a magistrate’s court in Kaduna in any court in Lagos where it effected on the businessman.
He said: “The arrest was improper, irregular and wrongful. By necessary implication, the arrest was unlawful despite being released after 24 hours.”
The court upheld that argument by applicant’s lawyer, Miss Gloria Ballason, that Maikori was arrested and detained between March 10 and 13 even when the police was aware of his respiratory health challenge, thereby violating his right to life and dignity.
He said, “By virtue of exhibit 3 (medical report) an affidavit evidence, the police was made aware of the health challenge of the applicant. This fact was not controverted by all the respondents.
“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 that “it is appropriate for applicant to seek redress in court.
“This court found and held that the conduct of police infringes on the applicant’s right to life, liberty, dignity, freedom, movement as enshrined in Sections 34, 35, 40 and 43 of the Constitution.
“The judgement is without prejudice to the offences that the applicant is standing trial.
“Social media cannot be without social responsibility. It would amount to an invitation to anarchy to say that the cyber space is beyond control.”
The judge noted that the Cyber Crime Act was enacted for the control and regulation of the cyberspace.
He disagreed with the position canvassed by some friends of the court (amicus curiae) to the effect that the social medial use should be left unhindered.
The judge said there must be law and order in the cyber space.”
