From: Denen Achussah
A Makurdi High Court presided by Justice Mary Ijohor, has granted an order of perpetual injunction, restraining the Commissioner of Police, Benue State Command and all officers in the Command from inviting, arresting, detaining or otherwise further breaching the fundamental rights of Dr. Andrew Terhemba Ayabam, erstwhile Chairman Benue Internal Revenue Service (BIRS).
Justice Ijohor also awarded the sum of One Million Naira (N1,000,000.00) only, as cost in favour of Dr. Ayabam against the Police for breach of his fundamental rights.
The orders are contained in the judgment delivered on Wednesday, 29th November, 2023, in a matter of enforcement of fundamental rights marked as MHC/582/M/2023 and filed by Kelvin Iorzenda Esq, a Notary Public of Elohim Chambers, Makurdi, on behalf of the Dr. Ayabam.
Dr. Ayabam had through his counsel, approached the court alleging that his fundamental rights have been and were also likely to be breached by the ceaseless police invitations, harassments and threats of detention on the instigation of one Air Commodore Akinbuwa Ayodele on flimsy and frivolous allegations that were purely civil in nature as they bordered on contention over a plot of land in Makurdi.
According to the briefs obtained by 247ureports, Air Commodore Akinbuwa has had a dispute over the plot of land located on George Akume Way Makurdi and owned by Dr. Ayabam. And rather than approach the court in their civil jurisdictions, Air Commodore Akinbuwa resorted to using officers of the police to invite and arrest the applicant, Dr. Ayabam.
In its judgment, the court agreed with the applicant’s counsel and held that purely civil matters are not within the jurisdiction of the Police, as the most appropriate venue for adjudication of land matters and civil causes are the law courts.
Justice Ijohor, after a careful consideration of all the issues, therefore condemned the conduct of the police in constantly harassing the applicant and threatening him with arrests and detention over land matters and perpetually restrained the police from arresting Dr. Ayabam, amongst other reliefs.
The Court also awarded the sum of One Million Naira only, as Cost in favour of Dr. Ayabam against the Police for breach of his fundamental rights.
Dr. Ayabam’s counsel commended the court for the judgment, which he described as “well considered.”
