The ECOWAS community court of
justice sitting in Abuja has awarded a N50 fine as nominal damage against the
federal government in favour of S.E. Aladetoyinbo, judge of a federal capital
territory high court.
In the suit marked
ECW/CCJ/APP/27/18 Aladetoyinbo had claimed that his fundamental rights to
freedom from torture was violated as a result of the publication of a letter of
warning issued to him by the National Judicial Council (NJC) which is an agent
of the federal government.
He also claimed that the NJC
breached his right to a fair hearing because the committee was irregularly composed
and incompetent.
Aladetoyinbo submitted that the
warning emanated from a petition to the NJC by dissatisfied judgment debtors
following a judgment he delivered in a land dispute that was later upheld by
the supreme court.
He said the NJC committee whose
proceedings were marred by irregularities had issued him a warning in addition
to placing him on a judicial watch list for nine months.
The applicant added that the
actions of the NJC traumatised and demoralised him and also “destroyed his
integrity, respect, honour and good name built over three decades of
unblemished service to the respondent”.
He prayed the court to issue an
order setting aside the letter of warning, and issue cost N855,625,000 as
general damages, another N12,230,750 as cost of litigation as well as a formal
apology in print and broadcast media, among others.
Delivering judgment on Wednesday,
a three-man panel of judges led by Edward Amoako Asante agreed with the
plaintiff that “the composition of the committee that conducted the disciplinary
investigation was irregular, thus incompetent and its decision being null and
void as it violates the applicant’s right to fair hearing.”
Although Dupe Atoki who read the
judgment acknowledged that the applicant’s right to fair hearing was violated,
she held that he did not provide evidence to prove that he suffered prejudice
due to the letter.
“Where an applicant has
established a violation of his/her rights but fails to prove that the ensuing
prejudice or harm/injury, the court will award only nominal damages which is
usually a symbolic token to recognize violation of the said right.”
Consequently, the court awarded
Aladetoyinbo the sum of N50 against the respondent for the violation of his
right to fair hearing.
The court declined other reliefs
sought, including the applicant’s prayer for a public apology from the federal
government.
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