Nnamdi Kanu Lost Appeal Against DSS, Police

The arrested leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu’s appeal at the Court of Appeal in Abuja on Monday was denied.

One of the lawyers that represented Kanu,  Mr. Felix Okonkwo had been in court to contest what he claimed to be an illegal arrest and detention by a joint security detail consisting of members of the Department of State Security Services, DSS, and the Police.

Ikenna Chibuike and Okafor Ugochukwu were included as additional appellants in the case.

The three accused the two security services of breaching their rights after their illegitimate arrest and imprisonment on September 27, 2021, in a basic rights enforcement process they brought before a Federal Capital Territory, FCT, Abuja, High Court.

They said that as they were being held by the police, they were being intimidated, tormented, and tortured.

Judge Samaila Bature found police responsible for the Appellants’ unauthorized arrest and detention in his ruling on March 24, 2022, and he also granted N2 million in damages.

Judge Bature, however, refrained from issuing any orders against the DSS, emphasizing that the plaintiffs had not revealed any legal claims against the agency.

Dissatisfied with the verdict, the litigants took the matter before the appellate court, praying it to hold that the DSS was also involved in their ordeal.

They further maintained that the N2m cost imposed on police was paltry and urged the court to award them a bigger amount as damages for the gross violation of their rights.

Delivering judgement in the matter on Monday, a three-member panel of the court, in a unanimous decision, dismissed the appeal for want of merit and substance.

In the lead judgement that was read by Justice Okon Abang, the appellate court held that the Appellants failed to establish how the trial court miscarried justice against them.

It held that from the video footage that was tendered in evidence by the Appellants, there was no where that DSS operatives were found at the scene of the arrest in Anambra state, which was in the house of another lawyer representing Kanu, Mr. Ifeanyi Ejiofor.

The appellate court disagreed with the Appellants in their claim that the N2m compensatory damages was grossly insufficient.

According to Justice Abang, the decision to award compensatory damages was at the discretion of the judge.

He held that the trial judge was right, haven carefully considered the peculiar facts and circumstances that led to the unlawful arrest and detention of the Appellants.

More so, Justice Abang held that the Appellants did not point out irrelevant facts in the judgment of the high court or disclosed their status in the society, monthly or yearly income and what they lost in the course of their detention.

“In my opinion and going by the peculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded.

“I cannot fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount.

“In the final analysis, the appeal lacks merit and it is accordingly dismissed, the decision of the trial court is hereby affirmed. There is order as to cost”, Justice Abang held.

Other justices that concurred with the lead judgement, were; Joseph Olubunmi Kayode Oyewole and Abba Bello Mohammed. [CONTINUE READING HERE]