Illegal detention: Court orders COAS, Buratai to pay N11m to 11 Gombe boys

Illegal detention: Court orders COAS, Buratai to pay N11m to 11 Gombe boys

- The chief of army staff, Tukur Buratai, has been ordered to pay N11 million to 11 Gombe state indigenes that were illegally detained by the troops

- Ijeoma Ojukwu, a judge of the Federal High Court, Abuja, who made the order said the detention of the applicants since July 6 was illegal and unconstitutional

- The court processes disclosed that the applicants were arrested by officers of the Nigerian Army following the murder of one David Jauro Stephen

Ijeoma Ojukwu, a judge of the Federal High Court, Abuja, has ordered the chief of army staff, Tukur Buratai, to pay N11 million to 11 Gombe state indigenes that were illegally detained by the soldiers.

Vanguard reports that Ojukwu, in her judgment, said the detention of the applicants since July 6 was illegal and unconstitutional.

The applicants include James Yusuf, Ishaya Ali Poshiya, Nehemiah Yohanna Poshiya, Husseini Poshiya, Hamma Poshiya, Yusuf Mafindi, Yila Boyi, James Bare, Ezekiel Dandaudu, Ali Ishaku and Ilya Bala.

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It was learnt that the court maintained that no arresting authority was permitted to arbitrarily detain a person beyond the statutorily prescribed period.

According to Justice Ojukwu, “The long detention and torture, without detention order, of the Applicants since the 6th day of July 2018, by servants and agents of the 1st defendant (COAS) is illegal and unconstitutional and is a violation of the applicants’ fundamental rights as enshrined under Sections 34 and 35 of the constitution of the federal republic of Nigeria 1999.

“The 1st Respondent shall pay the sum of N11, 000 000 (Eleven Million Naira) only to the applicants (jointly) as damages for the breach of the applicants’ rights under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999.

“No circumstances whatsoever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.

“All law enforcement officers must conform with accepted norms and rule of law in the discharge of their statutory duties.”

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The judgement followed a fundamental right enforcement suit marked: FHC/ABJ/CS/777/2018, which the Applicants filed through their lawyer, Mela Audu Nunghe. The Applicants anchored their suit on sections 34, 35, 36, 41 and 46 of the 1999 constitution, as amended.

Aside Buratai, the attorney general of the Federation, Abubakar Malami, was equally cited as the 2nd Respondent in the matter.

The court processes disclosed that the applicants were arrested by officers of the Nigerian Army following the murder of one David Jauro Stephen.

Meanwhile, Legit.ng had reported that Lieutenant General Tukur Buratai, the chief of army staff, warned Nigerian Army commanders of grave consequences if they abandon their positions in the war against Boko Haram insurgents.

The warning was contained in a 180-word memo, sent to all commanders at all levels.

TY Danjuma, Nigerian army and the herdsmen crisis | Legit.ng TV:

Source: Legit.ng

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