June 19, 2024

June 19, 2024

Court Disregards Fundamental Rights Enforcement Suit Against Police IG

A High Court sitting in Lokoja, on Monday dismissed a N10 million fundamental rights enforcement suit filed against the Inspector-General of Police by a 24-year-old Dalukut Sumdi.

Delivering judgment, Justice A.N. Awulu, held that the suit was lacking in merit.

“In contrast to the Sumdi’s claim, it’s evident by exhibit S.I.B 6 attached to the police counter affidavit, that the applicant was granted bail on Dec. 3, 2021.

“He (Sumdi) was requested to produce two sureties as bail bond, but he failed to meet up.

“The implication is that the applicant was granted bail within 24 hours of being arrested, which is in tandem with the provision of section 35(1)(5) of the Constitution of FRN 1999 as amended.

“I have nothing more to say, accept that the respondent (Police) didn’t detain the applicant unduly and in violation of his right to personal liberty.

“Therefore, the long stay of the applicant in detention was as a result of his failure to produce sureties as demanded.

“I hereby resolve issue two in favour of the respondent.

“On the whole, I hold that this application lacked merit and is hereby dismissed”, the Judge declared.

Sumdi, had through his Counsel, T.B. Kabang, told the court that he was arrested on Dec 2, 2021 and detained in police cell until Dec 24, 2021 when he was released on bail.

He demanded N10 million in damages having violating his right to personal liberty as enshrined in section 35(1)(5) of the Constitution of 1999 as amended and Article VI of the African Charter on peoples’ rights Act cap 10 LFN 1990.

The Police through its Counsel, Mr S.I. Ikutanwa, had objected to the claims of Sumdi, whom they accused of lying to the court on the main reason for his long detention.

Ikutanwa, who presented before the court evidences, prayed the court to dismiss the case for lack of merit.

Speaking to newsmen shortly after the judgment, Ikutanwa described the judgement as “very Sound” and a “victory to the Judiciary.”

But Kabang faulted the decisions of the Judge and pledged to appeal the judgement at the appellate Court.

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