Posted by By GODWIN TSA, Abuja on
An Abuja High court has ordered the Inspector General of Police, Mr. Mike Okiro to refund the sum of N50 million removed from the business premises belonging to Alhaji Isah Yakubu Manfred by the police.
An Abuja High court has ordered the Inspector General of Police, Mr. Mike Okiro to refund the sum of N50 million removed from the business premises belonging to Alhaji Isah Yakubu Manfred by the police.
The payment will also cover other properties unlawfully confiscated from him by the police.
Besides, Justice Suleiman Belgore who ordered the immediate release of the businessman from detention further held that the police lack the power to confiscate his property and personal effects without a valid court order.
While ordering the release of the applicant from the custody of the police, Justice Belgore said it was unlawful for the police to carry out his arrest without sufficient evidence.
According to him, 'it is clear to me that the constitutional rights of the applicant to dignity and personal liberty has been curtailed by the respondents. The fact that he was not charged to court for any offence is not only horrible but an infringement of his fundamental rights.
'I hereby ordered that the applicant be released immediately from police custody including his property."
The court however declined to grant the request of the applicant seeking the sum of N100m from the police as damages on the grounds that the actions of the IGP were not outrageous to warrant any damages.
According to him, 'the IGP only failed when he continued to detain the applicant beyond the constitutional provisions."
Other properties ordered to be returned to the applicant include the followings; nine vehicles, communication equipment, laptop computer machine, 14 Fuel dispensing machines, 10 Nokia handsets, car keys, cheque books and one licensed double barrel gun with 18 cartridges amongst others.
The applicant, Isah Manfred had earlier through his counsel, Mr. Max Orga, obtained the leave of the court to apply for the enforcement of his fundamental rights to personal liberty and ownership of property as enshrined and guaranteed under section 35, 36 and 44 of the 1999 constitution.
His counsel had told the court that the police invited his client where he was confronted with the allegation of being part of a robbery in a Bureau De Change, but was neither told the name of the complainant nor the victim of the robbery.
In addition, Orga said his client upon honouring the invitation, was detained and later released on bail on terms specified by the police and has since continued to leave in perpetual fear of harassment, intimidation and mental torture by agents of the police who arrest and detain him whenever they see the need to extort money from him.
Both counsel to the police and the Attorney General of the Federation did not opposed to the application before the ruling was delivered..