The Court of Appeal in Asaba has upheld a judgement in favour of respondents - Chukwuka Ndego, Chukwuka Nde, John Abami, Kingsley Chukwuka Ukpe, Emmanuel Aliphor, Ernest Ezenem, Ojieh Chukwudi, Jeremiah Ituma, Solomon Ukpor, Gift Okolie Ogwu, Godfrey Ukpor, Jennifer Ogborgu, Obi Chuks Malibor, Chukwueloke Igba, and Sunday Mbam (of Etua Oliogo, Ndokwa West Local Government Area of Delta State) against the Nigerian Police Force, affirming that their actions violated the fundamental rights of the respondents.
The case, between the Commissioner of Police, Delta State, Assistant Inspector-General of Police, Zone 5 Headquarters, and Inspector-General of Police as appellants, and the respondents (Etua-Oliogo and Etua-Etiti Communities), was in response to an appeal filed by the police against a judgement delivered by Honourable Justice F.A. Olubanjo of the Federal High Court of Nigeria, Asaba Division.
The facts of the case are that, in the early hours of the 21st day of May 2022, a combined team of armed officers of the appellants under the Delta State Police Command, numbering over thirty (30) with not less than six (6) trucks, invaded and raided the respondents' communities, Etua-Oliogo and Etua-Etiti (all Kwale Villages) in Utagba-Uno, Ndokwa-West Local Government Area of Delta State, Nigeria, shooting indiscriminately and sporadically.
The Federal High Court judgement, delivered on January 27, 2023, found the arrest and detention of the appellants by the police from May 21, 2022, until the date of the judgement to be illegal, unconstitutional, unlawful, and a violation of their fundamental rights. The court ordered the police to release the appellants unconditionally or arraign them before a court of competent jurisdiction within 21 days of the judgement. However, the court refused to award certain reliefs requested by the appellants.
The Appeal Court, while dismissing the appeal filed by the police, affirmed the decision of the Federal High Court regarding the respondents' release but set aside the reliefs sought. On this appeal, the Appeal Court awarded 10 million naira as aggravated and exemplary damages to the respondents (Etua-Oliogo and Etua-Etiti Communities) under Section 15 of the Court of Appeal Act. Additionally, the court awarded 500,000 naira as costs against the police and in favour of the respondents.
In its judgement, the Appeal Court reprimanded and condemned the actions of the police, ordering that copies of the judgement be forwarded to the Inspector General of Police and the Attorney General of the Federation. This decision serves as a reminder of the importance of upholding the fundamental rights of citizens, even in the enforcement of the law.
In response to the decision made by the Court of Appeal, Enterprise TV spoke to the counsel of the respondents, Esume Felix Dumebi, ESQ, and he said the verdict was totally deserved, claiming that the police should know better than to infringe on the fundamental human rights of the Etua-Oliogo and Etua-Etiti Communities and every citizens of the Federal Republic of Nigeria.
