The Federal High Court sitting in Port Harcourt, the Rivers State capital, has ruled against the Inspector General of Police, Muhammed Abubakar and former Rivers Police Commissioner, Mbu Joseph Mbu and ordered both to pay the Chairman, Bonny Local Government Council, Barrister Edward Pepple, N55million for infringement on his rights.
Delivering judgment, the presiding judge, Justice H.A. Ngajunwa struck out the entire paragraphs of the respondents’ counter affidavit for non compliance with section 115 of the Evidence act 2011, as amended.
According to Justice Ngajunwa the respondents had failed to produce proof that such an unlawful assembly was constituted by the applicant, more so no arrest was made to support the respondent’s allegation that the applicants and others had constituted an unlawful assembly.
His Lordship, thereafter, ordered a perpetual injunction restraining the respondents from arresting, detaining or prosecuting the applicants in view of the letter dated September 28, 2013 and from further seizing or besieging applicant’s official residence.
In furtherance to the order of perpetual injunction, the court granted the sum of N55million as damages/compensation for the infringement of the applicant fundamental human right which includes cost of the action and further stated that the action of the Nigeria Police in this particular circumstance was in excess of executive power.
In an interview with the Bonny Council Chairman, Barrister Edward Pepple, he said the judgment will serve as deterrent to other law enforcement agents who use their office to intimidate legitimate citizens of the country.
He advised members of the public to know their right to avoid unnecessary intimidation.
Speaking on behalf of the legal team that defended the council boss, Barrister Clifford Nnata Chuku described the judgment as a demonstration of rule of law in the country, and called on the law enforcement agents to always act in line with the constitution and rule of law.
It would be recalled that on September 28, 2013, the DPO Bonny, Dashuwa Abuja, DPO Finima, Bala Mohammed and ASP Abraham Ogedemgbe the unit commander, invaded the official residence of the chairman of Bonny Local Government Council, Barrister Edward Pepple while away in Port Harcourt on an official assignment.
On receiving the information through his aide, he quickly went to Bonny where he confirmed that men of Nigeria Police Force have barricaded the official residence of the chairman.
While requesting why such unfriendly action, they told the chairman that it was on the orders of Inspector General of Police and former Rivers State Police Commissioner, Mbu Joseph Mbu, alleging that the local government lodge was being used for the formation of the new People’s Democratic Party (nPDP).
After insisting, Barr Edward Pepple was allowed in and not allowed to go out of the premises or receive visitors.
The chairman then wrote an official letter to the former Commissioner of Police, Mbu Joseph Mbu, requesting why such an action was taken at his official residence on September 28, 2013.
Following this, the former police commissioner ordered for his appearance in his office at the state police command, Moscow Road, Port Harcourt, with the intention of detaining/arresting him.
