COURT FREES BUSINESS MAN FROM POLICE HARASSMENT, AWARDS N .

1 MILLION DAMAGES BY CHARLIE OKEKE, AWKA, 09/04/2012 An Anambra State High Court sitting in Otuocha and presided over by Justice V.N Umeh has freed an Otuocha businessman, Sunday Nwachukwu from police harassment. The Court also awarded him, One Hundred Thousand Naira, as damages arising from sundry acts of violation of his fundamental rights by police acting in conjunction with one Chigbo Ndiribe. The freeing of Sunday Nwachukwu from constant police harassment and the One Hundred Thousand Naira awarded to him were contained in a judgement delivered by Justice Umeh in suit no:0/317M/2010 filed by Sunday Nwachukwu, as applicant, against Commissioner of Police, Anambra State, Officer Commanding Special Anti Robbery Squard, Nnewi, and Mr Chigbo Ndiribe, as the respondents. It will be noted that in the said suit, whose judgment was delivered on the 28 March, 2012,the applicant had sought for a declaration that his detention and torture from 10th May till date by members of the Nigerian Police Force, was illegal, null, void and unconstitutional, an order restraining the 1st and 2nd respondents from arresting, detaining or any manner whatsoever disturbing his liberty and normal life in any manner not permitted by law and One Million Naira being general damages for the unlawful and illegal violation of his fundamental rights, among other reliefs. In the well considered judgement which was delivered at the conclusion of hearing in the case, the Court declared that the detention and torture of the applicant from 10th May till he was released on bail was illegal, null, void and unconstitutional, adding that by detaining the applicant, police denied him right of access to his Counsel, which constituted a violation of his fundamental right. The Court also declared that since the Applicant has been granted bail, the 1st and 2nd respondents are restrained from arresting, detaining or in any manner whatsoever disturbing the liberty and normal life of the applicant in any manner not permitted by law. On the issue of damages, the Court stated that since the Applicant's fundamental rights have been violated and as such he should be entitled to

damages against the respondents, particularly, the 3rd respondent, who by his actions contributed and actually led the 1st and 2nd respondents in to arresting and detaining the Applicant. Summing up its judgement the Court said, "The 3rd respondent shall then be indemnified in damages in favour of the Applicant in the sum of One Hundred Thousand Naira only"