A Federal High Court sitting in Kaduna, has awarded N900 million in damages against former Kaduna State Governor, Mallam Nasir El-Rufai, and three others for arbitrary arrest and detention of nine Adara elders in 2019.
Delivering judgment on Tuesday in a suit filed by one of the elders and a former President of the Adara Development Association (ADA), Awema Maisamari, for the enforcement of his fundamental human right, the presiding judge, Justice Hauwa’u Buhari, said the detention of Maisamari for over 40 days without trial was in violation of fundamental human rights.
The court also ordered the Inspector General of Police, the Kaduna State commissioner of police and the Nigerian Police Force, who were respondents in the suit, to pay N10m as general and special damages to the plaintiff.
On February 16, 2019, El-Rufai, who was the governor of Kaduna State at the time, ordered the police to arrest Maisamari and eight other Adara elders, accusing them of being behind the crisis in Kajuru Local Government Area where bandits were unleashing mayhem on communities. They were released on March 30th, 2019, after 43 days in detention without trial.
It was however gathered that El-Rufai, who was served through substituted means never filed any process and never appeared in court, neither was he represented throughout the proceedings.
In an interview with journalists shortly after the judgment, counsel to the applicant, Gloria Ballason, described the judgement as a landmark achievement against abuse of fundamental human rights and abuse of power by the former governor.
She added that “the judgment marks a watershed against abuse of power and accountability for abuse whether the occupiers of the office are temporarily shielded by immunity or not.”
Ballason said the case was filed after El-Rufai left office, “which explains why he was sued in personal capacity as the first respondent,” adding that, “even when people in authority enjoy immunity, it does not warrant executive lawlessness.”
John Shiklam
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