The Abuja Division of the Federal
High Court has ordered the Chief of Army Staff, Lt. General Tukur Buratai, to
pay N11million as damages for the breach of fundamental rights of 11 Gombe
State indigenes illegally detained by officers of the Nigerian Army.
This followed a fundamental right
enforcement suit marked: FHC/ABJ/CS/777/2018, which the Applicants filed
through their lawyer, Mr Mela Audu Nunghe.
The court, in a judgment
delivered by Justice Ijeoma Ojukwu, declared the detention of the applicants,
James Yusuf, Ishaya Ali Poshiya, Nehemiah Yohanna Poshiya, Husseini Poshiya,
Hamma Poshiya, Yusuf Mafindi, Yila Boyi, James Bare, Ezekiel Dandaudu, Ali
Ishaku and Ilya Bala since July 6, illegal and unconstitutional.
“The long detention and torture,
without detention order, of the Applicants since July 6, 2018, by servants and
agents of the 1st defendant, COAS, is illegal and unconstitutional and is a
violation of the applicants’ fundamental rights as enshrined under Sections 34
and 35 of the Constitution of the Federal Republic of Nigeria 1999”, Vanguard
quoted the Justice Ojukwu as saying.
“The 1st Respondent shall pay the
sum of N11, 000 000 (Eleven Million Naira) only to the applicants (jointly) as
damages for the breach of the applicants’ rights under Sections 34 and 35 of
the Constitution of the Federal Republic of Nigeria 1999.
“No circumstances whatsoever may
be invoked as a justification for torture or other cruel, inhuman or degrading
treatment or punishment. “All law enforcement officers must conform to accepted
norms and rule of law in the discharge of their statutory duties.”
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