Friday, 27 October 2017

Court says Audu Maikori's rights were breached, orders El-Rufai, Police to pay N40 Million cost



Justice John Tsoho of the Federal High Court Abuja on Friday declared that the arrest and detention of Audu Maikori "was improper, illegal and unlawful". 
Audu Maikor is a music executive. He is the CEO of Chocolate City Entertainment. Maikori was arrested in February this year on accusations of posting inciting materials on social media.
 In a tweet on his twitter handle, Maikori had alleged the killing of students in Southern Kaduna. The tweet angered Gov. El-Rufai who promptly ordered his arrest and detention. He later apologized to the Governor saying he was misled by his driver.
However, he also went to court to seek redress after he was released.
The Court handed him a favourable judgement today having awarded a cost of N40 million against Gov. El-Rufai.
According to Justice Tsoho:
“The arrest was improper, illegal and unlawful and by implication, the applicant was wrongfully and unlawfully arrested and detained for 48 hours. “By dint of failure to make lawful arrest, the 2nd respondent infringed on the right to liberty, freedom, movement of the applicant.
The court agreed with submissions by Maikori’s lawyer that the applicant was arrested and detained even when the police was aware of his respiratory health challenge. “By virtue of exhibit 3 (medical report) an affidavit evidence, the police was made aware of the health challenge of the applicant. This fact was not controverted by all the respondents.
“The attitude of the respondents threatened the applicant’s right to life. Right to life and human liberty includes right to human dignity and other things that make life worth living. “This court found and held that the conduct of Police infringed on the applicant’s right to life, liberty, dignity, freedom, movement as enshrined in Sections 34, 35, 40 and 43 of the Constitution"

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