LAGOS – An Appeal Court sitting in Owerri has upheld the judgment delivered by the Imo State High Court against a multinational company, Julius Berger Nig. Plc and the Nigeria Police on the enforcement right of a Lagos based human rights crusader, Mr. Emeka Ozoani, who was illegally declared wanted by the police.
On February 2013, the Imo State High Court had on February 2013 in a judgment held that police had grossly violated the fundamental rights of Mr. Emeka Ozoani, a lawyer, for declaring him ‘category “A” wanted person’ published in Thisday Newspaper of September 4, 2012.
Following the publication, the lawyer instituted the suit against the Inspector General of Police, the Assistant Inspector General of Police Zone 9 Umuahia, ASP P.S. Njoku, Prosecuting officer in charge of OW/373c/2011 Zone 9,Umuahia; Peter Ogunyanwo, DCP Zone 9 Umuahia, and Julius Berger Nigeria Plc as 1st to 5th respondents respectively.
In the suit delineated HOW/654/2012 Ozoani asked the court for enforcement of his fundamental right, an order to set aside the declaration of the applicant as a ‘category “A” wanted person by respondents as it contained in the newspaper publication of September 4, 2012, an order of perpetual injunction restraining and directing the respondents to jointly and severally tender apology to the applicant and also claimed N50 billion damages for the unlawful violation of his fundamental rights.
Before the suit was instituted, the police had arrested, manhandled and assaulted the lawyer in the court premises over allegation of forgery in the case of How/581/2007 Mrs Philoma Ugo Vs. Julius Berger (Nigeria) Plc wherein he appeared as a counsel to Ugo.
The court had therefore in the judgment held that police in the administration of justice are to prevent crime, investigate allegation of crime and enforce laws and regulation but went beyond the scope of their duties by falsely and wrongly arresting person, battering person etc, then become culpable of criminal acts.
Dissatisfied with the judgment, Julius Berger Nig. Plc and the Nigeria Police (respondents) proceeded to the Court of Appeal challenging the judgment that absolved the lawyer. Also, Ozoani thereafter cross appealed on the cost awarded in his favour.
The three panel of judges, Rapheal Chikwe Agbo, Ayobode O.Lokulo-Sodipe and Rita Nosakhare Pemu presided over the appeal upheld the high court judgment.
In the judgment, the court of appeal held that, “Where there is suspicion, it must be reasonable. It is the duty of Police to investigate crimes, but not to be used as tool of oppression by unscrupulous litigants in pursuit of their mischief.
“In a situation such as in this case, where the 2nd respondents is suspected of forgery, it is not for the 1st set of respondents by the instigation of the appellant to proceed to humiliate and degrade him the way they did without proof of crime. Even if he has found wanting it is not for respondents to manhandle him the way they did in the court premises.”
The court further stated that the fact that the respondent is a Notary Public and Commissioner for Oaths of Nigeria gives credence to his good faith. The court therefore resolved the seven issued raised in favour of 2nd respondent (Barrister Emeka Ozoani).
The post Appeal Court Upholds Judgment Against Julius Berger, Others appeared first on Independent Newspapers Nigeria.
Source: Daily Independent
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Appeal Court Upholds Judgment Against Julius Berger, Others
Description : LAGOS – An Appeal Court sitting in Owerri has upheld the judgment delivered by the Imo State High Court against a multinational company, J...
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