The Court of Appeal in Abuja has rejected the appeal presented by one of the legal representatives of the detained figurehead of the Indigenous People of Biafra, Felix Okonkwo, concerning his allegedly unlawful apprehension and confinement by the Police and the State Security Services (SSS).
In issuing its ruling, Justice Okon Abang dismissed the appeal for lack of substance and merit.
Justice Abang stated that the appellant failed to demonstrate any miscarriage of justice in the verdict of a High Court in the Federal Capital Territory, Abuja, regarding the matter.
Furthermore, he noted that based on the video evidence submitted as an exhibit by the appellants at the trial court, there was no indication of SSS operatives being present at the location of their arrest at Ifeanyi Ejiofor’s residence in Anambra state.
The appellate court Justice disagreed with the appellants’ assertion that the N2 million compensatory damages awarded was inadequately low.
According to Justice Abang, the decision to grant compensatory damages lies within the discretion of a Judge and cannot be influenced by any plaintiff or appellant.
In this instance, Justice Abang concurred with Justice Bature’s assessment that the specific circumstances surrounding the unlawful arrest and detention of the appellants were thoroughly considered at the trial court before determining the amount.
Moreover, Justice Abang pointed out that the appellants failed to identify irrelevant facts in the high court’s judgment and did not disclose their social status, monthly or yearly income, or the extent of their losses during their detention.
Justices Joseph Olubunmi Kayode Oyewole and Abba Bello Mohammed ratified the unanimous decision rendered by Justice Abang.
The appellants, including Felix Okonkwo, Ikenna Chibuike, and Okafor Ugochukwu, had filed a lawsuit against the Nigeria Police Force and the SSS in the high court seeking the enforcement of their fundamental human rights.
They specifically accused the two security agencies of violating their fundamental rights through their illegal arrest and detention on September 27, 2021, during which they alleged that they were subjected to torture, harassment, and intimidation while in police custody.
In a judgment delivered on March 24, 2022, Justice Samaila Bature found the Police responsible for the unlawful arrest and detention of the appellants and imposed a fine of N2 million against the Police to be paid to the appellants.
However, Justice Bature did not issue any order against the SSS because the Appellants, at the time plaintiffs, did not present any grounds for action against the SSS.
Dissatisfied with the findings and rulings of the high court, the three plaintiffs approached the Court of Appeal seeking a declaration that the SSS was also complicit in their arrest and detention.
They argued that the N2 million fine imposed on the Police as compensation was meager and unreasonably low, and urged the appellate court to increase the fine as redress for their illegal arrest and detention.
