An Oyo State High Court sitting in Oyo Town on Monday awarded N100 million as compensation in favour of an Oyo based businessman, Mr Azeez Akintunde, over his unlawful arrest.
Justice Elijah Taiwo delivered the judgment in a suit filed by Akintunde through his counsel, Dr Adebayo Shittu (SAN) and Dr Adeola Omotunde (SAN) against Maj.Gen. S.A. Adebayo (CDI); Defence Intelligence Agency (DIA) and the Attorney-General of Federation.
Taiwo said the compensation was in favour of the claimant against the first and second respondents for the unlawful arrest, detention and intimidation of the claimant.
The judge, describing the businessman’s arrest as “illegal and unconstitutional, ordered his immediate release by the DIA.
Akintunde had challenged his
unlawful arrest by military personnel on Nov. 18, 2021 around 6.00 a.m at his residence at Alhaja Sara Street, Cele in Oyo Town and continue detention by DIA.
The claimant’s counsel had urged the court to declare the arrest, continuous detention and harassment of Akintude by the first and second respondents as illegal and violation of his fundamental human rights, as guarantee by the Constitution and order his release.
The News Agency of Nigeria (NAN) reports that the suit was, however, not defended by the respondents.
Taiwo, in the judgment, said: “Having resolved all the four issues in favour of the applicant, I hereby declare and make the following orders:
“That the arrest, detention, continuous harassment, intimidation and incessant invitation of the applicant by first and second respondent on Nov.18, 2021 and other subsequent days as illegal, unconstitutional, unwarranted and a reckless infringement of the human rights.
“And, amounts to a breach of the applicant’s right to personal liberty as enshrined in Section 35 of the Constitution of the Federal Republic of Nigeria, 1999.
“That the act of assaulting, beating, torturing, subjection to inhuman and degrading treatment and act of brutality inflicted on the applicant on Nov.18, 2021 by the first and second respondent is a violation of the applicant’s right to dignity of human person.”
The judge, however, restrained the respondents, either by themselves or agents, officers from further arresting, detaining, harassing, intimidating and inviting the applicant in respect of the event leading to his current incarceration.
He also ordered the immediate release of the claimant from the detention of first and second respondents at Mambilla Barracks, Asokoro, Garko, Abuja or other places. (NAN)
