A Federal High Court holden at Abuja, Nigeria’s Federal Capital Territory (FCT) has awarded the sum of Five Million Naira (N5,000,000.00) damages in favour of Dr. Tersagh Smart Ichor and Prof. Ahemen Iorkyaa against Dr. Paul Anyagh, three others for the gross violation of the rights of Dr. Ichor and Prof. Iorkyaa.
In December last year, the Police in Makurdi arrested and detained Dr. Ichor, lecturer with Joseph Sarwuan Tarka University (JOSTUM) Makurdi, Benue State, in connection with the alleged kidnapping of Mrs. Susan Anyagh, wife of the chairman, Academic Staff Union of Universities (ASUU), JOSTUM, Dr. Paul Anyagh. Prof. Iorkyaa, who went for Dr. Ichor at the police headquarters in Makurdi was equally arrested and detained.
Dr. Ichor, who was arrested on 9th December, last year denied any involvement, saying, as at the time of the incidence, he was attending the burial of a kinsman, late Mr. Shen Agbo in Katsina-Ala and couldn’t have duplicated himself “to be at the scene of the imaginary kidnap of Mrs Anyagh (in Makurdi) and at the same be at the burial.”
None of the two were charged to court as demanded by law and were kept in Police custody beyond the time allowed of 24 hours.
Dr. Ichor and Prof. Iorkyaa therefore, approached the court, praying for the enforcement of their Fundamental Right to personal liberty, which is guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and African Charter on Human and Peoples Rights. They also prayed for the award of damages in their favour.
Joined in the suit were, Dr. Paul Anyagh, I. K. Nwosu, Deputy Commissioner of Police, Benue State Command Commissioner of Police Benue State Command, Nigeria Police Force, as 1st, 2nd, 3rd, 4th respondents respectively.
After hearing the argument of parties, the Presiding Judge, Honourable Justice Emeka Nwite, declared that the arrest and detention of Dr. Ichor and Prof Iorkyaa beyond 24 hours by the 2nd and 4th Defendants without charging them to Court or Court Order “is a clear gross and fragrant breach” of their Fundamental Right to personal liberty guaranteed under Sections 35 and 46 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Procedure) Act Cap.A9 Laws of the Federation of Nigeria 2004.
The court therefore, made an order, awarding the sum of Five Million Naira (N5,000,000.00) damages in favour of Dr. Ichor and Prof. Iorkyaa against the defendants, for the gross violation of the rights of the two academics.
