Court Slams CP, Judicial Officer And Four Others ₦30 Million Damages – SIXT-MEDIA LANE
A High Court sitting in Asaba, the capital of Delta State, on Wednesday, ordered the state Commissioner of Police, Olufemi Abaniwonda, a judicial official, Mrs. Mordi Juliana and four others to pay a film decorator N30m as damages for infringing on his rights.
The court also ordered all the respondents to write an apology letter to Ananweude, and restrained them (the respondents) from further arresting, detaining, and or violating his fundamental rights over the said breach of contract.
The order was made following an application for fundamental human rights enforcement to the court by Mr Tobechukwu Cyril Ananweude through his lawyers A.F.Brideba.
In a suit No: DTHC/ASB/FR/48/2024, between Tobechukwu Cyril Ananweude as applicant and Mr Udaya Chidebere, Mrs Mordi Juliana, the Commissioner of Police, Delta State, CSP Rex Enwelikwu, SP Ruth Essang and Inspector Ifeyinwa Uwakina as the respondents.
The applicant had alleged in his claims that he was unlawfully arrested by the “A” Division Police, Asaba on April 16-17, 2024 and also on May 4 – 6, 2024, without explanation.
According to the applicant, on January 21, 2024, he was contracted by Chidiebere (1st respondent) to undertake the interior and exterior decoration of a property in Asaba, for a total cost of N10.3m.
“Mr Udaya paid deposits of N8,000,000, while the project underwent several design adjustments, but he delayed in payments and became uncooperative, issuing threats and involving law enforcement against me.
“I was arrested and detained by the 5th and 6th respondents under the directives of the 1st, 2nd and 4th respondents and coerced into signing an agreement under duress before my release.”
The applicant maintained that despite not receiving the full project payment and suffering reputational and financial harm, he made significant progress on the project using personal funds, even after being detained.
He also accused the 2nd respondent, an employee of the Chief Magistrates’ Court 1, Asaba, of using her influence to manipulate police action, thereby violating his rights to liberty, dignity, and fair hearing.
But, counsel for the 1st and 2nd respondents, I. U. Uchechukwu, counter-affidavit stated that the 1st respondent entered a contractual agreement with the applicant in February 2024 to furnish his production house in Asaba for N10.3m, and paid the applicant N6m upfront, with the understanding that the balance would be paid upon completion of the job within a specified period.
The 1st respondent, however, said that the applicant failed to deliver the work on time after total payment of N8m.
The 2nd respondent, Mrs. Mordi Juliana, via her counsel, deposed in her counter-affidavit that the applicant’s allegations against her were false, malicious, and unfounded..
In their counter-affidavit, counsel for 3rd to 6th respondents (police personnel), Mrs. G.O.Okwegbe, disputed the applicant’s claims of unlawful arrest and detention, saying that they acted on the criminal complaint lodged against the applicant.
In his judgement, Justice Onome Marshal-Umukoro said, “The N30m damages were awarded jointly and severally against all the respondents in favour of the applicant because his arrest over a breach of contract complaint is unconstitutional, unlawful, illegal, null and void.”
Speaking after the judgment, the applicant’s counsel, A. F. Brideba, on Thursday, described the judgment as a well-deserved judgement.
“It is a well-considered judgement. It’s very fair, considered judgement. It is intended with evidence before the court.
“The judgment will serve as a deterrent to others who are in the habit of abusing people’s fundamental rights,” he said.
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