By Chuks Eke
The Court of Appeal sitting in Enugu, Enugu Judicial Division has reaffirmed the decision of Enugu state High Court which declared:the arrest and detention ofone Stephen Egwuatu, a suspected member of the Indigenous People of Biafra, IPoB as unlawful and a vicious violation of his fundamental rights.
In a unianimous judgement delivered on Thursday by Justice Abdulazeez Waziri JCA, the Appellate court dismissed the appeal filed by the Department of State Service, DSS against the lower court judgement as unmeritorious.
It therefore upheld the judgement of the lower court which ordered the release of Egwuatu on July 4Â 2023 and awarded a punitive cost of N5 million against the DSS.
The DSS had arrested Egwuatu on November 8, 2021 when he was 12 years old and detained him in their custody till 2022 when they arraigned him before the Enugu state High Court in Suit No. E/37/2022 for allegedly belonging to a separatist group known as the Indigenous People of Biafra, IPoB.
However, on July 4, 2023, the High court in it’s judgement, declared the arrest and detention of Egwuatu illegal, unlawful and a vicious violation of his fundamental rights and slammed the N5 million cost against the DSS, in favour of the defendant.
But dissatisfied by the lower court judgement, DSS , through the Enugu state Ministry of Justice, headed to the Appellate court in the Enugu Judicial Division and filed an Appeal No. CA/E/2023: State Security Service vs. Stephen Egwuatu challenging the decision of the Enugu State High Court in the Suit.
Describing the Appeal court judgement as a landmark, shortly after the unianimous decision, a human rights lawyer and leading counsel to the IPoB, Sir Ifeanyi Ejiofor Esw. KSC, said:: “it is pertinent to note that Stephen was only 12 years old at the time of his arrest and detention. Although he was arrested on the 8th November, 2021; the court strongly condemned the actions of the DSS, in the unlawful arrest and detention of an innocent minor, and consequently awarded a cost of N5 million against the DSS”.
According to Ejiofor, “we give all the glory and adoration to God Almighty for this resounding victory. Justice has once again prevailed. The enforcement of this judgment will be pursued to its fullest extent. Thank you all, and remain blessed, Ezigbo Umuchineke. We will continue to move forward”
