Court slams N50 million fine against police, ex-IGP’s son over violation of Abiola’s rights

A picture shows the emblem of the Nigerian Police on the main gate at Rivers State Police headquaters in Port Harcourt, southern Nigeria, on February 15. 2019. (Photo by Yasuyoshi CHIBA / AFP)

Photo by Yasuyoshi CHIBA / AFP

Justice Modupe Osho Adebiyi of a Federal High Court sitting in Abuja has slammed a N50 million fine against the Nigeria Police Force over violation of the fundamental human rights of Prof. Zainab Duke Abiola.

Also affected by the fine is one Ibrahim, who is said to be the son of a former Inspector General of Police (IGP), Usman Alkali Baba.

According to an enrolment order, dated December 19, 2023, and obtained by The Guardian yesterday, the defendants were also ordered to tender a public apology to the applicant in two national newspapers.

According to the matter, the respondents had paraded Abiola (the applicant) in her nightgown, which the judge held was a flagrant violation of her rights.

Abiola filed an application pursuant to Order 1, Rule 3 of the Fundamental Rights (Enforcement Procedure) Rules 2008, praying the court to declare that the arrest, torture and detention by the officers and men of the first and second respondents, acting on behalf of Inspector Teju Moses and one Ibrahim without any suspicion that she had committed any criminal offence constituted a flagrant infringement of her fundamental rights.

She had averred that the breaking and entry into her house on September, 20, 2022, without a valid court order constituted an infringement of her rights and a threat to her family life.

In her judgment, the judge held that it was not unlawful to arrest, detain or charge anyone suspected to have committed an offence to court. But it must be within the limit stipulated by law.

According to the judge, the applicant ought to have been charged to court within 24 hours but this was not the case as she was detained for about 72 hours.

However, the judge declined to award the N500 million damages requested by the applicant but awarded N50 million as fair and appropriate fine.

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