A Federal High Court in Lagos on Tuesday, awarded damages of N2 million in favour of Mrs. Elizabeth Atuche, wife of Mr. Francis Atuche, former Managing Director of Bank PHB, against the Economic and Financial Crimes Commission, (EFCC). Also joined in the suit is the Attorney General of the Federation and Minister of Justice.
The presiding judge, Justice Binta Nyako held that Elizabeth Atuche was wrongly arrested and detained by the anti-graft agency in violation of her fundamental human rights to freedom of movement and fair hearing.
The court observed that although the commission which arrested Mrs. Atuche on May 3, 2011, later took her to court for arraignment before a Lagos High Court, the time she was kept in detention, exceeded the constitutionally prescribed period of 24 hours.
Justice Nyako said
Quote
“A person arrested should be charged to court within 24 hours as in this case, there are a number of courts within Lagos jurisdiction. It appears to me that the arrest and detention of the Applicant (Elizabeth) has not been justified by the respondents. She was subsequently arraigned before a Lagos High Court; however, this was not within 48 hours of the arrest. This is a violation of her right.”
“Is she entitled to damages,” the judge asked, to which she gave a resounding “Yes!”.
She further explained that “her illegal arrest and detention in excess of the statutorily allowed period is without justification.” “Consequently, I hereby award damages of N2 million jointly and severally against the respondents” she rule.
Posted: at 11-07-2012 03:15 PM (11 years ago) | Gistmaniac
chicco77 at 11-07-2012 04:07 PM (11 years ago) (f)
Posted: at 11-07-2012 04:07 PM (11 years ago) | Addicted Hero
interpo777 at 11-07-2012 04:20 PM (11 years ago) (m)
WITHIN 24 HOURS?, THEN NIGERIA JURIFICATION SYSTEM IS MAD COS THERE RE MILLIONS AND ONE POOR GUYS BEING ARRESTED AND KEPT IN JAIL WITH NO COURT APPEARANCE 4 MORE THAN 2 YRS, NOW IT IS RICH PPE ...2 MILLION IS TOO POOR GOV OF THE RICH PPE MATCHEWWWWWWWW
Posted: at 11-07-2012 04:20 PM (11 years ago) | Gistmaniac
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