…orders them to pay a film decorator N30 million as damages for infringing on his rights.
The iNews Times reports that a Delta State High Court sitting in Asaba, the state capital, on Wednesday ordered the state’s Commissioner of Police Olufemi Abaniwonda, judicial official, Mrs. Mordi Juliana and four others to pay a film decorator N30 million as damages for infringing on his rights.
The court’s judgment, delivered by Justice Onome Marshal-Umukoro, also ordered all the respondents to write an apology letter to Mr. Tobechukwu Ananweude and restrained them (the Respondents) from further arresting, detaining, and or violating his fundamental rights over the said breach of contract.
The order was made following an application for fundamental human rights enforcement to the court by Mr Ananweude through his lawyers A.F.Brideba.
In a suit No: DTHC/ASB/FR/48/2024, between Tobechukwu Cyril Ananweude as Applicant and Mr Udaya Chidebere, Mrs Mordi Juliana, Commissioner of Police Delta State, CSP Rex Enwelikwu, SP Ruth Essang and Inspector Ifeyinwa Uwakina as Respondents.
The applicant had alleged in his claims that he was unlawfully arrested by A”Division Police Asaba on April, 16 – 17 2024 and also on May 4 – 6, 2024, without explanation.
According to the applicant, on January 21, 2024, he was contracted by Mr. Udaya Chidiebere (1st Respondent) to undertake the interior and exterior decoration of a property in Asaba, for a total cost of N10,300,000.
“Mr Udaya paid deposits of N8,000,000, while the project underwent several design adjustments but he delayed payments and became uncooperative, issuing threats and involving law enforcement against me.
“I was arrested and detained by the 5th and 6th Respondents under directives of the 1st, 2nd and 4th respondents and coerced me into signing an agreement under duress before my release.”
The applicant maintained that despite not receiving the full project payment and suffering reputational and financial harm, he made significant progress on the project using personal funds, even after being detained.
He also accused the 2nd Respondent, a staff of the Chief Magistrates’ Court 1, Asaba, of using her influence to manipulate police action, thereby violating his rights to liberty, dignity, and fair hearing.
But counsel for the 1st and 2nd respondents, I. U. Uchechukwu, counter-affidavit stated that the 1st respondent entered a contractual agreement with the Applicant in February 2024 to furnish his production house in Asaba for N10.3 million, and paid the Applicant N6 million upfront, with the understanding that the balance would be paid upon completion of the job within a specified period.
The 1st Respondent, however, said that the Applicant failed to deliver the work on time after the total payment of N8 million.
Mrs. Mordi Juliana, the 2nd Respondent, via her counsel, however deposed in her counter-affidavit that the Applicant’s allegations against her were false, malicious, and unfounded.
In their counter-affidavit, Mrs. G.O.Okwegbe, Counsel for 3rd to 6th Respondents (Police personnel) disputed the applicant’s claims of unlawful arrest and detention, saying that they acted on the criminal complaint lodged against the Applicant.
In his judgement, Justice Onome Marshal -Umukoro, said, “The N30 million damages was awarded jointly and severally against all the Respondents in favour of the Applicant because his arrest over a breach of contract complaint is unconstitutional, unlawful, illegal, null and void.”
Ananweude’s counsel, A.F. Brideba, praised the judgment, saying, “It is a well-considered judgment. It’s a very fair, considered judgment, it is intended with evidence before the court.
The judgment will serve as a deterrent to others who are in the habit of abusing people’s fundamental rights.”
