ADVERTISEMENT
The Sun Nigeria
  • National
  • Columns
    • Broken Tongues
    • Capital Matters
    • Diabetes Corner
    • Duro Onabule
    • Femi Adesina
    • Frank Talk
    • Funke Egbemode
    • Insights
    • Kalu Leadership Series
    • Kunle Solaja
    • Offside Musings
    • PressClips
    • Public Sphere
    • Ralph Egbu
    • Shola Oshunkeye
    • Sideview
    • The Flipside – Eric Osagie
    • Tola Adeniyi
  • Business
  • Politics
  • Entertainment
  • The Sun TV
  • Sporting Sun
  • The Sun Foundation
No Result
View All Result
  • National
  • Columns
    • Broken Tongues
    • Capital Matters
    • Diabetes Corner
    • Duro Onabule
    • Femi Adesina
    • Frank Talk
    • Funke Egbemode
    • Insights
    • Kalu Leadership Series
    • Kunle Solaja
    • Offside Musings
    • PressClips
    • Public Sphere
    • Ralph Egbu
    • Shola Oshunkeye
    • Sideview
    • The Flipside – Eric Osagie
    • Tola Adeniyi
  • Business
  • Politics
  • Entertainment
  • The Sun TV
  • Sporting Sun
  • The Sun Foundation
No Result
View All Result
The Sun Nigeria
No Result
View All Result
ADVERTISEMENT
Home National

Court declares lawyer’s detention unlawful, orders NDLEA to pay N50m damages

28th July 2019
in National
0
Court dismisses certificate forgery suit against Hon. Idrisu

Lukman Olabiyi

Justice Ibrahim Buba of the Federal High Court has declared the arrest, abduction, dehumanisation and detention of a Lagos-based lawyer, Chiedu Nweke, by the officers of the National Drug Law Enforcement Agency (NDLEA) Enugu State, as illegal, unlawful and null and void.

The court also ordered the agency to pay the sum of N 20 million  as general damages and N 30 million as exemplary damages in favour of the lawyer.

Justice  Buba gave the verdict while ruling on the Fundamental Rights Enforcement suit filed by Nweke against the NDLEA, its officer, Peter Udemgba, and the Attorney-General of the Federation to court over allegation of unlawful arrest, abduction, dehumanisation, detention, forcible extortion and robbery.

In the ruling, the court held  that the actions of NDLEA and its officers contravened Nweke’s right to freedom of movement, right to his dignity and his right to liberty.

Arguing his case before the court, Nweke’s counsel, Mr. Chuma Mbonu submitted that Udemgba who was the first respondent in the suit and his team couldn’t claimed that the acts meted out to his client were supported by any law or NDLEA Enforcement Act or any legislation at all.

He urged the court to hold that the acts of the respondents violated the law.  Mbonu submitted that what the NDLEA officers did to his client was simply to unlawfully molest, arrest, kidnap, rob, extort and dehumanise him using the colour or cover of their office or employment.

On its part,  NDLEA  in its 28-paragraph counter affidavit, raised the issue of whether the agency (NDLEA) is vicariously liable in a case in which the main claim of the applicant centres on abduction/kidnapping and armed robbery.

NDLEA contended that for a claim for vicarious liability to succeed, a plaintiff or applicant must established that there is a master and servant relationship, that the employee is liable for the tort and that the tort was committed by the employee in the course of employment.

The agency argued that it was without dispute that an employee is on a frolic of his own if he goes outside or ventures beyond the express or implied course of his duty to do an act that is not authorised.

NDLEA argued that a careful dissection of its earlier submitted three elements revealed that if an employee commits a tort outside the course of his employment, his employer will not be responsible. It submitted that for an employee to be in the course of the employment, he must have done an act, which is within the statutory functions of his employer.

NDLEA submitted that any of its officers that engages in acts of robbery, abduction/kidnapping cannot be said to be in the course of his employment and urged the court to strike out the suit with substantial cost in its favour.

In his ruling, Justice Buba, however, found it surprising that the main culprit, the 1st respondent, Udemgba, failed or refused or neglected to file response to the heavy and weighty allegations against him, even after being served.

The court held that it is a settled law that “every person in Nigeria has a right to go about his or lawful business unmolested or unhampered by anyone else, be it government functionary or private individual; thus the courts will frown any manifestation of arbitrary power assumed by anyone above the life of another person, even if the other is suspected of having breached same law or regulation.

“To the mind of the court, and upon a clam assessment of the facts of this case, and the arguments, this court upholds the averments and submission of the learned counsel to the applicant, to which  Udemgba, the 1st respondent did not deem fit or necessary to respond or refute.

“The law is that the allegations of fact that are not refuted are deemed proved and admitted. The presumption is that the 1st respondent has no defence and admits the allegations contained therein. Accordingly, this court finds the 1st respondent liable for the breach of the fundamental rights of the applicant.

“The 2nd respondent (NDLEA) on its part laboured rather poorly to extricate itself from the liability for the action of its officer whom it did not deny as being in its employment on the date complained of and still is.

“The action of its officer which is clearly outside the agency’s mandate is unlawful and illegal , and as such cannot enjoy the protection of the court. The facts speak for themselves,” the court held.

The judge concluded by saying that “the court and the world are watching what the NDLEA and the police are going to do with such an officer called, Peter Udemgba!”

Tags: federal high courtJustice Ibrahim BubaNDLEA to pay N50m damages
Cyril

Cyril

Related Posts

Rivers: Soldiers sack police station, arrest officers over colleague’s death
National

Soldiers killed 157 terrorists, bandits, destroyed 38 illegal refineries, nabbed 40 oil thieves in 2 weeks –DHQ

27th January 2023
2021 budget: ICPC uncovers 257 phony projects worth N20bn
National

Alleged N5bn fraud: ICPC re-arrests Ojerinde at court premises

27th January 2023
Pandemonium as hoodlums attack journalists ,others in Lagos
National

Police confirm killing of 27 pastoralists in Nasarawa airstrike 

27th January 2023
Next Post
ganduje

Kano Govt. to patner MTN on fight against substance abuse

9th House of Reps: Why balance of leadership is necessary — CSO

Ministerial slot: Lawmaker agitates for appointment of FCT native

Air strike on Libya hospital kills five doctors

Air strike on Libya hospital kills five doctors

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Highlights

Lagos: Fire razes part of Balogun Market 

Alleged $5m fraud: Court reserves ruling on pilot, businessman’s no-case submission till March 23

No attempt to create conflict between Tinubu, Buhari’ll succeed –APC

We’ve no hand in your ordeal -Atiku 

Enugu indigenes in Canada endorse Mbah, PDP flag-bearer 

FG foiled 66 attempts to hack FEC virtual meetings – Pantami

Trending

Rivers: Soldiers sack police station, arrest officers over colleague’s death
National

Soldiers killed 157 terrorists, bandits, destroyed 38 illegal refineries, nabbed 40 oil thieves in 2 weeks –DHQ

27th January 2023
0

From Molly Kilete, Abuja  The Defence Media Organization (DMO), yesterday,said Soldiers on various security operations across the...

2021 budget: ICPC uncovers 257 phony projects worth N20bn

Alleged N5bn fraud: ICPC re-arrests Ojerinde at court premises

27th January 2023
Pandemonium as hoodlums attack journalists ,others in Lagos

Police confirm killing of 27 pastoralists in Nasarawa airstrike 

27th January 2023
Fire razes 150 shops in Ebonyi market

Lagos: Fire razes part of Balogun Market 

27th January 2023
Ibeto vs EFCC: Court fixes May 11 for hearing

Alleged $5m fraud: Court reserves ruling on pilot, businessman’s no-case submission till March 23

27th January 2023
ADVERTISEMENT

Follow us on social media:

Latest News

  • Soldiers killed 157 terrorists, bandits, destroyed 38 illegal refineries, nabbed 40 oil thieves in 2 weeks –DHQ
  • Alleged N5bn fraud: ICPC re-arrests Ojerinde at court premises
  • Police confirm killing of 27 pastoralists in Nasarawa airstrike 
  • Lagos: Fire razes part of Balogun Market 
  • Alleged $5m fraud: Court reserves ruling on pilot, businessman’s no-case submission till March 23
  • No attempt to create conflict between Tinubu, Buhari’ll succeed –APC
  • We’ve no hand in your ordeal -Atiku 
  • Enugu indigenes in Canada endorse Mbah, PDP flag-bearer 
  • FG foiled 66 attempts to hack FEC virtual meetings – Pantami
  • Abia: Emenike suspends campaign over Ikonne’s death
  • Nigerian destiny in hands of the people
  • Atiku in Ebonyi, restates commitment to power devolution, restructuring
  • The change Nigerians need
  • Bolanle Awe: A Tribute
  • INEC’s assurance on 2023 polls
  • From nothing to something
  • Police nab 35 suspected kidnappers, robbers in Bauchi
  • Lagos opens John Randle Centre for Yoruba Culture and History 
  • Soyinka, others celebrate Jahman Anikulapo @ 60
  • Orphanages: New gold mine for human traffickers

Categories

  • Abuja Metro
  • Anambra Watch
  • Arts
  • Broken Tongues
  • Business
  • Business Week
  • Cartoons
  • Citizen Joe
  • Columns
  • Cover
  • Culture
  • Duro Onabule
  • Editorial
  • Education Review
  • Effect
  • Elections
  • Entertainment
  • Events
  • Features
  • Femi Adesina
  • Food & Drinks
  • Frank Talk
  • Funke Egbemode
  • Gallery
  • Global Square by Kenneth Okonkwo
  • Health
  • Insights
  • Kalu Leadership Series
  • Kunle Solaja
  • Kunle Solaja
  • Letters
  • Lifeline
  • Lifestyle
  • Literary Review
  • Marketing Matters
  • Muiz Banire
  • National
  • News
  • Offside Musings
  • Opinion
  • oriental news
  • Politics
  • Press Release
  • PressClips
  • Public Sphere
  • Ralph Egbu
  • Shola Oshunkeye
  • Sideview
  • South-west Magazine
  • Sponsored Post
  • Sporting Sun
  • Sports
  • Sun Girl
  • Tea Time
  • The Flipside – Eric Osagie
  • The Sun Awards Live
  • The Sun TV
  • Thoughts & Talks
  • Time Out
  • Today's cover
  • Tola Adeniyi
  • Travel
  • Travel & Tourism
  • Trending
  • TSWeekend
  • Turf Game
  • Uncategorized
  • Updates
  • Views from Abroad
  • Voices
  • World
  • World News
  • About Us
  • Paper Ad Rate
  • Online Ad Rate
  • Change of Name
  • The Team
  • Contact Us
  • Privacy Policy

© 2019 The Sun Nigeria - Managed by Netsera.

No Result
View All Result
  • National
  • Columns
    • Broken Tongues
    • Capital Matters
    • Diabetes Corner
    • Duro Onabule
    • Femi Adesina
    • Frank Talk
    • Funke Egbemode
    • Insights
    • Kalu Leadership Series
    • Kunle Solaja
    • Offside Musings
    • PressClips
    • Public Sphere
    • Ralph Egbu
    • Shola Oshunkeye
    • Sideview
    • The Flipside – Eric Osagie
    • Tola Adeniyi
  • Business
  • Politics
  • Entertainment
  • The Sun TV
  • Sporting Sun
  • The Sun Foundation

© 2019 The Sun Nigeria - Managed by Netsera.