Court orders Police to pay former PAN Chairman N500m as damages for unlawful arrest and detention.

A Kaduna State High Court has ordered the Commissioner of Police, the Kaduna State Police Command and the Inspector-General of Police, Mohammed Adamu, to pay N500 million as damages for the unlawful arrest and detention of Alhaji Sani Dauda, the former chairman of Peugeot Automobile Nigeria, between the 11th and 13th of November, 2019;

The police had in 2019, stormed Alh. Dauda’s premises and arrested him, saying they were acting on a report by the Kaduna State Urban Planning and Development Agency (KASUPDA).

The police alleged that the businessman failed to comply with the building permit given to him by the agency and had gone ahead to build a Juma’at mosque in his premises.

The court also ordered the respondents to publish an apology in three national dailies on three consecutive days for the unlawful arrest and detention.

A copy of the court judgment reads:

“The arrest of Alhaji Sani Dauda on 11th November 2019 over a purely civil matter bothering on marriage and divorce under Islamic law constitutes an infringement of the applicant’s fundamental human rights as guaranteed by section 35 of the 1999 constitution as amended and is hence illegal and unconstitutional.

“The detention of the applicant from the 11th November 2019 to 13th November 2019 over a purely civil matter bothering on marriage and divorce under Islamic Law constitutes an infringement of the applicant’s fundamental human rights as guaranteed by section 35 of the 1999 constitution as amended and is hence illegal and unconstitutional.

“A declaration that the detention of the applicant in the facility of the 2nd, 4th and 5th respondents (CP, Mohammed Adamu and the IGP) i.e the cell of the Nigerian Police without any beddings or any proper toilet facilities constitutes an infringement of the applicant’s fundamental rights to dignity of human person.

“A declaration that the detention of the applicant which is clearly for the purpose of arm-twisting the said applicant into dissolving and/or abrogating a validly conducted marriage under Islamic law amounts to an affront on the applicant’s right to practice his religion and carry out his religious duties and obligations contrary to the provisions of section 38 of the 1999 constitution.”

While also granting a restraining order against further arrest of the Sani Dauda, the judge stressed that the matter was any arrest made will be an infringement of his human rights.



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