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Court awards N15m
cost against DPR, NSCDC officials for rights violation
By Lovins Yakubu
December 14, 2018
A Federal High Court sitting in Jos on Tuesday has slammed a
N15.69 Million award against some officials of DPR and NSCDC for violating the
fundamental human rights of three staff of a Jos based a Jos based oil firm,
Judduco Nig. Ltd.
The trial Judge, Justice Musa Kurya made the award in his
judgments on two separate cases brought against the officials of the said organizations
by Mr Pius Emmanuel and Mrs Margaret Daboer and Emmanuel Dayong, all staff of
Judduco Nig Limited
Kurya had awarded N10 million as damages and a refund of
N42,000.00 confiscated by the culprits to Daboer and Dayong and another N5.650
Million to Pius Emmanuel.
``This awards are against the officials of DPR and NSCDC as
they (organizations) did not authorized their agents to act the way they did;
this is to serve as a deterrent to officials, who are fond of taking the law
into their hands against innocent citizens,” the judge declared.
The trio had through their Counsel, Mr James Attah, sued
DPR, Mr Douglas Ceasar, Umar, Umar Farouk, Yamu Anakare, Jeremiah Elisha, NSCDC
and Kachim Obadiah as 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th accused
respectively for trampling against their fundamental human rights.
But Kurya, in his judgements, exonerated DPR and NSCDC, on
the ground that none of them authorized their agents to act the way they did
when they stormed Judduco Nig. Ltd filling stations around Domkat Balli road
and Bauchi Ring roand on Feb. 22, 2016 and Mar. 12, 2016.
Counsel had told the
court on Feb. 22, 2016 and Mar, 12, 2016 that the accused had stormed Con
filling station along Domkat Balli road and manhandled, arrested and detained
Pius Emmanuel, after collecting N650,000 cash from him.
``The officials did the same thing when they stormed the
coy’s filling station located along Bauchi Ring road as they collected N42, 000
from Margaret Daboer and Emmanuel Dayong, whom they manhandled, arrested and
detained them without just cause.
``They also sold off the fuel in the two filling stations
and kept the proceeds to themselves on flimsy excuses against my clients.
``Their (officials) actions violated their rights contrary
to section 34 and 35 of the 1999 Constitution and article 3,5,6,7 and 15 of the
African Charters on peoples’ right CAP A9 LFR 2004 (as amended), ’’ he
asserted.
Counsel also asked the court to award N5M to Pius Emmanuel
as general damages and refund of N650,000 confiscated from him and another N10m
to Margaret Daboer and Emmanuel Dayong as damages and the refund of N42,000
from them.
He also presented to the court a copy of a judgment issued
by a Jos Magistrate Court dated Aug. 20, 2016, where the accused had confessed
to acting on their own without the authority of their respective organizations.
The defence Counsel, Mr Isaac Bless, had told the court that
the trio violated the DPR rules and regulations, which prompted the officials
into taken action.
Bless said that his client did not sale off the fuel in the
said two filling stations and kept the proceeds but that they gave them out
freely to the public since they violated the rules and regulations of DPR.
But the trial Judge faulted Bless on this saying that for
the fact that the applicants were operating illegally it wasn’t a license for
the accused to use illegal means to redress the matter.
``If the applicants were operating illegally, the officials
should have used legal means to address the matter, but they didn’t, instead they
acted in their capacity. Therefore, DPR and NSCDC have no case to answer since
they know nothing about the matter.
``I hereby resolve issues against the accused persons and
hold that all the prayers sought in these cases succeed. Judgment is hereby
entered in the favour of the applicants.
``This is to serve as deterrent to those government
officials who are fond of taking the law into their hands against innocent
citizens, ’’ Kurya declared.
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