Cannabis: Court Awards 500k Damages And 30k Cost Against NDLEA For Detaining Sani Awal For 51 Days

The Abuja Judicial Division of the Court of Appeal has awarded the sum of Five Hundred Thousand Naira (500, 000) against the National Drugs Law Enforcement Agency (NDLEA) for detaining one Sani Awal for 51 days without charging him to court.

Sani Awal had approached the Federal High Court, Abuja seeking for the following reliefs:

“1. A Declaration that detention of the Applicant by the Respondent from 2nd day of April, 2017 to 22nd day of May, 2017, when he was only arraigned in this Honourable Court on the in Criminal Proceedings (i.e. he was arraigned on the 22nd day of May, 2017) which was fifty-one (51) days inclusive of the day of his arrest without bail, without charging him to court for trial as required by law, constitutes a violation of the Applicant’s fundamental rights guaranteed by section 35(1)(a-f) of the 1999 Constitution of the Federal Republic of Nigeria and Article 6 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 was therefore Unconstitutional, unlawful, illegal, null and void.

2. A Declaration that: the Respondent’s officer’s beating of the Applicant with wooden staff (like that used by the Fulani herdsmen); the Respondent’s officer’s slapping of the Applicant in his ears; the Respondent’s officer’s kicking and smashing of the Applicant with the Respondent’s officer’s foot’ boot(s) — which rendered the Applicant to sustain injuries– constitutes a violation of the Applicant’s fundamental rights guaranteed by sections: 34, and 36(5) of the 1999 Constitution of the Federal Republic of Nigeria and Article 5, 6 and 7 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 was therefore Unconstitutional, unlawful, illegal, null and void.

3. AN ORDER of this Honourable Court compelling the Respondent to pay to the Applicant the sum of fifty million Naira (50, 000, 000.00) being general and exemplary damages against it for breach of the Applicant’s fundamental rights to personal liberty, severe torture, psychological trauma e.t.c.

4. AN ORDER of this Honourable Court compelling the Respondent to offer and render public apology to the Applicant to be published in two widely circulated National Newspaper for the unlawful breach of the Applicant’s right to personal liberty.”

The Applicant was arrested for allegedly supplying cannabis to one Ahmed Abdullahi. He was detained for 51 days before he was finally arraigned at the FCT Judicial Division of the Federal High Court.

His contention before the Federal High Court was that his detention for 51 days without being charged to court was a contravention of his fundamental rights to personal liberty and dignity of human person.

NDLEA on its own part justified the detention of the Applicant. They said the detention was based on reasonable suspicion of commission of an offence by the Applicant. They contended further that the long detention of the Applicant was due to follow up operations to investigate the matter. The trial court agreed with NDLEA and struck out the application of Sani Awal for want of merit.

Hammeed Ajibola Jimoh, on behalf of the Applicant, filed an appeal against the decision on five grounds. Jimoh argued strenuously that detention of the Appellant without court order is a contravention of the right of the Appellant. He argued further that by sections 35(6) and 46 of the constitution, the Appellant had the right to challenge such detention which is beyond the constitutional limit of 48 hours.

NDLEA did not file any process against the appeal of the Appellant. The matter was therefore decided based on the processes of the Appellant.

The Court of Appeal after considering the argument of Jimoh, the affidavit of the Appellant and the Counter Affidavit of NDLEA, the court agreed with Jimoh that the detention for 51 days was a breach of the fundamental rights of the Appellant. It discountenaced the deposition of the Respondent that the detention was to conclude investigation.

Adamu Jauro J. C. A who delivered the leading judgement therefore set aside the decision of Hon. Justice A. I. Chikere. “In its place, it is hereby… Declared that detention of the Applicant by the Respondent from 2nd day of April, 2017 to 22nd day of May, 2017, when he was only arraigned in this Honourable Court on the in Criminal Proceedings (i.e. he was arraigned on the 22nd day of May, 2017) which was fifty-one (51) days inclusive of the day of his arrest without bail, without charging him to court for trial as required by law, constitutes a violation of the Applicant’s fundamental rights guaranteed by section 35(1)(a-f) of the 1999 Constitution of the Federal Republic of Nigeria and Article 6 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 was therefore Unconstitutional, unlawful, illegal, null and void.”

The court awarded the sum of N500, 000 as monetary compensation for breach of the Applicant’s fundamental rights.

“AN ORDER of this Honourable Court compelling the Respondent to pay 500, 000.00 to the Applicant the sum of being general and exemplary damages against it for breach of the Applicant’s fundamental rights to personal liberty.”

N30, 000 cost was also awarded in favor of the Appellant.