An FCT high court has ordered the Nigeria Police to pay N500,000 for damages and compensation to a certain Simon Francis, whose fundamental rights was breached.
Giving the order in Abuja on Wednesday, Justice J.Y. Tukur held that the detention of Simon Francis from 8th January to 31st January 2012 without an order of the court “was unlawful, unconstitutional and a clear breach of the applicant’s liberty.”
The order was sequel to a suit filed by applicant’s counsel, Pius Ofulue in February 2012, following Simon Francis’ arrest and detention in police custody from January 8 2012 till the court heard arguments for enforcement of his fundamental human rights and for the production of the applicant in court.
Justice Tukur said that the prayer of the applicant for an order to compel the Nigeria Police to produce the applicant in court had been overtaken by the release of the applicant on bail.
“The applicant could not sustain his claim that Police extorted N200,000 from her elder sister, Felicia Anthony by threat, and under a purported illegal bail plea bargain,” the judge further ruled.
Francis was arrested in Bauchi on 8th January 2012 by the Police, who informed him that the Toyota Carina Car and Peugeot 406 that he bought from one Mr. Bashiru, also arrested and detained, were stolen vehicles.
Francis’ elder sister had deposed in her 11-paragraph affidavit that she paid N200,000 to the Investigating Police Oficer (IPO), one GINAM, the fifth respondent at Nyanya Police Station, after persistent demand for it and fear that his brother would die from injuries inflicted on him during torture.
Justice Tukur said that there was no evidence to show she paid the sum, more so that the bail bond she signed before Francis was released did not indicate the payment
