The Federal High Court in Lagos has awarded N5 million against the National Drug Law Enforcement Agency (NDLEA) for unlawfully detaining and parading Chief Executive Officer (CEO) of Derindos Ventures Limited, Mr. Aderinde Aro,.
Aro was arrested on October 16, 2022, and released on November 18, 2022. He claimed that his picture was taken with an inscription on a board that implicated him in an alleged offense for which he was neither tried nor convicted.
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Furthermore, his picture was published in the media without being charged in a court of competent jurisdiction, which he argued infringed on his right to a fair hearing and damaged his image and reputation among clients and colleagues.
Describing his ordeal, Aro stated: “I was arrested, and my picture was taken immediately upon my arrival at their office before any investigation. My picture was subsequently published in the media on Sunday, November 23, 2022.”
In his ruling on June 26, 2024, Justice A. Lewis-Allagoa acknowledged that while the NDLEA has the authority to arrest suspects under Section 41 (1) (b) of the NDLEA Act, the agency held Aro beyond the legally prescribed time.
Contrary to NDLEA’s claim that Aro was not detained for 34 days without trial, the Judge noted: “Exhibit NDLEA 7, which is the bail bond, shows that the defendant was released on November 18th. The Exhibit supports the Applicant’s claim that he was detained for 34 days from October 16 to November 18, 2022. The detention of the Applicant for that period exceeds the threshold allowed by law.”
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Referring to Section 35 (4) of the Constitution, the Judge stated: “Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time.” The court clarified that in cases where a court of competent jurisdiction is within a 40-kilometre radius, ‘a reasonable time’ is one day; otherwise, it is two days or a longer period deemed reasonable by the court.
The court concluded that Aro’s 34-day detention violated his fundamental right to liberty. On the breach of his right to dignity, the court affirmed that every individual is entitled to respect for their dignity and must not be subjected to torture or degrading treatment.
The court awarded Aro N5 million in compensation and mandated a public apology in three national newspapers for the distress he endured.
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