Court orders FG to pay N10m damages to man held illegally in prison

His Lordship Hon. Justice Obiora Atuegwu Egwuatu of the Federal High Court of Nigeria sitting in Abuja has ordered the Federal Government to pay N10 million in damages to a man held illegally in prison after serving a seven year jail term.

Justice Egwuatu made the order in an application by Suleiman Hussein Liman filed on his behalf by his cousin brother, Muhammad Sani, by their Counsel, H. A jibola Jimoh Esq., for the enforcement of his fundamental rights.

The suit, with file no: FHC/ABJ/CS/4/22 has the Attorney General of Federation on behalf of the Federal Government of Nigeria, the Nigerian Army, the Chief of Army Staff, and the Controller-General of the Nigerian Correctional Service (NCS) as Respondents.

The Counsel for the Applicant had urged the Court to grant the reliefs sought and the court, having delivered its judgment in open court, ordered as follows:

1. A declaration is made that the Applicant ought to have been released and or set free from custody to enjoy his constitutional right to liberty by the Respondents having served his prison term in Charge No.: FHC/AINJI/CR/178/2018, Between Federal Republic of Nigeria v. Suleiman Hussein Liman (748) as pronounced by Honourable Justice B.F.M. Nyako.
2. A declaration is made that the continued detention and or imprisonment and or refusal to release the Applicant by the Respondents jointly and or severally, particularly the 2nd and 3rd Respondents) from the date that the Applicant completed his jail term of seven (7) years but is yet to be released by the Respondents particularly the 2nd and 3rd Respondents in whose custody the Applicant is being held or detained is arbitrary and constitutes violation of the applicant’s fundamental rights guaranteed under sections; 33, 35 (1) (a-f), (4), (5) and (6), 36 (1) and (5), 40 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 and 7(1) (b) of the African Charter on Human and People’s Rights as ratified by the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, 1990 and is and or are therefore unconstitutional, unlawful, illegal, null and void.
3. A declaration is made that any continuous and or further detention and or incarceration and or imprisonment of the Applicant by the Respondents or Respondents jointly and or severally to release the Applicant forthwith from whatever custody and or incarceration that the Applicant is being held or detained to enjoy his constitutional rights to life, personal liberty, association and freedom of movement, etc., having completed his jail term of seven (7) years in Charge No.: FHC/KAINJ/CR/78/2018, Between: Federal Republic of Nigeria v. Suleiman Hussein Liman (748).
4. An order is made awarding the sum of N10, 000, 000. 00 (ten million Naira) only against the 1st, 2nd and  3rd Respondents (jointly and or severally) as general and exemplary damages for the breach of the Applicant’s fundamental rights to personal liberty and freedom of movement.

The judge also barred the respondents from further inviting, or arresting or detaining and or interrogating the Applicant on the subject matter of the offence(s)/charge(s) of which the Applicant had completed serving his jail term of seven (7) years. Read more.

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