Judge Awards El-Rufai N2 Million In Damages For Unlawful Detention In Anambra

The Ex-Minister of the Federal Capital Territory (FCT) and an ardent proponent of the All Progressives Congress (APC), Mallam Nasir El-Rufai has defeated in court against the State Security Service(SSS) for illegal detention and restriction of movement before and during the November 16 Anambra governorship election.

However, election days in Nigeria are often characterized by limitation of movement on the people directly and indirectly involved in the voting process and an occasional aggravation from security personnel.

The judge of the Anambra High court sitting in Awka the state capital who was also in charge of the case, Justice Ibrahim Bature Gafai, ruled against the SSS and issued a directive to the agency to pay a total of 2 million naira to El-Rufai for damages incurred on him in the course of the case.

The take of the court concerning the case is listed below:

1. Justice Gafai maintained that the SSS has no legal authority under the 1999 Constitution of the Federal Republic of Nigeria or under any Nigerian law to detain El-Rufai or any other Nigerian without presenting the reason to proficient jurors.
2. Also, the court pronounced that it is not in the powers of the respondents under the Constitution of the Federal Republic of Nigeria 1999 or under any Nigerian law to either force a general restraint on movement or limit the applicant’s constitutional right of freedom of movement as contained in Section 34 of the Constitution of the Federal Republic of Nigeria 1999 on account of the Anambra State Gubernatorial election that took place on the 16th day of November, 2013 or any other election.

This pronouncement has enormous implications for the way government agencies constantly try to restrict people’s movement, particularly during elections.

The court also granted other prayers sought by El-Rufai, including:

1. A declaration that the placing the applicant, Mallam Nasir El-rufai, OFR in custody without charge, at Finotel Hotel, Akwa, Anambra State, between the 15th day of November, 2013 and 16th day of November, 2013, by agents of the 1st Respondent, (SSS) or officers, servants, privies of the Respondents and/or of the Federal Government of Nigeria, is a serious violation of one of the Applicant fundamental human rights which is right to personal liberty and freedom of movement respectively guaranteed under sections 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 6 and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is hence unconstitutional and against the law.
2. A declaration that the illegal prohibition of the applicant, Mallam Nasir El-Rufai, OFR, from assess to granting of interview with an AIT Correspondent, Mr. Obiorah Iloh and other mass media representatives within the premises of Finotel Hotel, Akwa, Anambra State, at about 2pm of 16th day of November, 2013 by agents of the 1st Respondent, (SSS) or officers, servants, privies of the Respondents and/or of the Federal Government of Nigeria, goes against one of the applicants fundamental human rights which is right to freedom of expression provided under section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and
   Article 9(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is consequently against the law, undemocratic and illegal.

iii. A proclamation that the detention of the applicant at the premises of Finotel Hotel, Akwa, Anambra State, without charge, on the 15th day of November, 2013 to the 16th day of November, 2013, by agents of the 1st Respondent, (SSS) or officers, servants, agents, privies of the Respondents and/or of the Federal Government of Nigeria with a view to denying the Applicant, Deputy National Secretary and Member/ Secretary Electoral Committee, of All Progressives Congress Anambra Governorship Election, 2013, freedom to associates with fellow members of the said All Progressives Congress, at Akwa, Anambra State, is a violation of the Applicant’s fundamental Right to Peaceful Assembly and Association as enshrined under section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Articles 10(1) and 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unconstitutional and illegal.

1. A DECLARATION that the restriction and prevention of the Applicant from moving out of his room in Finotel Hotel where he lodged at Awka in Anambra State to monitor the 16th November, 2013 Anambra State Gubernatorial Election by the Agents of the Respondents, Officers, Servants, Agents or Privies constitutes a heavy violation of the Applicant’s constitutional right of freedom of movement as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
2. A DECLARATION that the restriction and prevention of the Applicant from moving out of his room in Finotel Hotel wherein he lodged at Awka in Anambra State to observe congregation prayers (salat) on the 16th November, 2013 by the Agents of the Respondents, Officers, Servants, Agents or Privies constitutes a gross violation of the Applicant’s constitutional right of freedom of Religion as enshrined in section 38 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
3. A DECLARATION that the Respondents have no powers under the Constitution of the Federal Republic of Nigeria 1999 (As Amended) or under any Nigerian Law to either impose a general restriction on movement or restrict the Applicant’s constitutional right of freedom of movement as enshrined in Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) on account of the Anambra State Gubernatorial election that took place on the 16th day of November, 2013 or any other election.

vii. A pronouncement that the 1st Respondent has no statutory powers under the Constitution of the Federal Republic of Nigeria 1999 (As Amended) or under any Nigerian Law to detain the Applicant without showing cause to a Court of competent jurisdiction.

viii. A ban restraining the Respondents, whether by themselves or by their officers, agents, servants, privies, or otherwise howsoever from further detaining or in any other manner infringing on the fundamental rights of the Applicant.

1. A directive for the award of compensation/damages to the Applicant, in the sum of N2,000,000.00 (Two Million Naira only) for the unlawful and unconstitutional detention/violation of his right to personal liberty, freedom of movement, freedom of association and expression.
2. AN ORDER directing the Respondents to publish apologies to the Applicant in two (2) National Dailies, for the unlawful and unconstitutional detention/violation of his right to personal liberty, freedom of movement, freedom of religion, freedom of association and expression guaranteed under the Constitution of Federal Republic of Nigeria, 1999 (As Amended) and Articles 6, 9(2), 10(1), 11 and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.