The Abuja Court of Appeal has ruled on an appeal brought forth by Felix Okonkwo, a lawyer representing Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB). The appeal addressed Kanu’s arrest and detention by the Police and the Department of State Services (DSS).
In delivering the judgment, Justice Okon Abang dismissed the appeal, citing lack of merit and substance. He explained that the appellant failed to demonstrate any miscarriage of justice in the previous judgment from a High Court of the Federal Capital Territory (FCT), Abuja.
Justice Abang also pointed out that the video footage presented by the appellants during the trial did not show any presence of SSS operatives during their arrest at Ifeanyi Ejiofor’s house in Anambra state.
Disagreeing with the appellants’ claim regarding the adequacy of the N2 million compensatory damages, Justice Abang emphasized that the decision to award such damages rests with the discretion of the judge.
He echoed the earlier decision by Justice Bature, emphasizing that the circumstances surrounding the unlawful arrest and detention were thoroughly considered before determining the compensation amount.
Furthermore, Justice Abang highlighted that the appellants failed to provide relevant information about their social status, income, and losses incurred during their detention.
Justices Joseph Olubunmi Kayode Oyewole and Abba Bello Mohammed concurred with Justice Abang’s judgment.
The appellants, including Felix Okonkwo, Ikenna Chibuike, and Okafor Ugochukwu, had filed a lawsuit against the Nigeria Police Force and the SSS, alleging violations of their fundamental human rights.
They accused the security agencies of unlawfully arresting and detaining them on September 27, 2021, during which they claimed to have been subjected to torture, harassment, and intimidation.
In a previous judgment delivered on March 24, 2022, Justice Samaila Bature held the Police responsible for the unlawful arrest and detention, imposing a fine of N2 million to be paid to the appellants.
However, no action was taken against the SSS as the plaintiffs failed to establish any wrongdoing on their part.
Dissatisfied with the high court’s ruling, the plaintiffs sought relief from the Court of Appeal, arguing that the SSS should also be held accountable for their arrest and detention.
They contended that the N2 million fine imposed on the Police was insufficient and requested the appellate court to increase the compensation amount.
