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Court Orders Delta Police, Magistrate Official to Pay N30m for Unlawful Arrest, Rights Abuse

A High Court in Asaba, Delta State, has ordered the State Commissioner of Police, Olufemi Abaniwonda, alongside a judicial official and four others, to jointly pay N30 million in damages to a film decorator, Mr. Tobechukwu Ananweude, for the violation of his fundamental human rights.

The ruling, delivered on Wednesday by Justice Onome Marshal-Umukoro, followed an application for enforcement of fundamental rights filed by Ananweude through his legal representative, A.F. Brideba.

The suit, marked DTHC/ASB/FR/48/2024, named Mr. Udaya Chidebere, Mrs. Mordi Juliana (a staff of the Chief Magistrates’ Court, Asaba), Commissioner of Police Delta State, CSP Rex Enwelikwu, SP Ruth Essang, and Inspector Ifeyinwa Uwakina as respondents.

In his application, Ananweude claimed he was unlawfully arrested and detained by officers of “A” Division Police Station in Asaba on two separate occasions — April 16–17 and May 4–6, 2024 — over a civil dispute involving a contract he was executing for the 1st Respondent, Mr. Chidebere.

According to him, he was contracted in January 2024 to carry out interior and exterior décor works at a property in Asaba for a fee of ₦10.3 million. While ₦8 million was paid upfront, Ananweude alleged that the 1st Respondent delayed further payments, introduced multiple design changes, and resorted to intimidation using the police.

He further claimed that he was coerced into signing an agreement under duress before being released from detention.

Ananweude accused the 2nd Respondent, Mrs. Mordi Juliana, of using her influence within the judiciary to facilitate unlawful police action, thereby violating his rights to liberty, dignity, and fair hearing.

Responding, the defence counsel representing the 1st and 2nd respondents claimed that the applicant failed to deliver the contracted work within the agreed timeline, despite receiving ₦8 million. The police respondents, through their counsel Mrs. G.O. Okwegbe, also denied any wrongdoing, stating that their actions were based on a criminal complaint lodged by the 1st respondent.

In delivering his judgement, Justice Marshal-Umukoro declared that the arrest and detention of Ananweude over a civil contractual dispute was unconstitutional and unlawful, awarding ₦30 million as damages and ordering a written apology from all respondents.

“The arrest and detention were a gross violation of the applicant’s rights. This court finds the action of the respondents illegal, null, and void. They must pay the applicant ₦30 million jointly and severally and issue a written apology,” the judge ruled.

Reacting to the ruling, Ananweude’s lawyer, A.F. Brideba, described the verdict as a landmark judgment and a warning against misuse of law enforcement powers.

“It is a well-considered and fair judgment, firmly rooted in evidence presented before the court. It will serve as a deterrent to others who use their positions to trample on citizens’ rights,” he said.

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