By Christopher Oji
Justice Nicholas Oweibo of the Federal High Court, Lagos has ordered the police to pay N5 million damages to Mr Anthony Makolo, a human rights campaigner, over seizure of his call-to-bar certificate.
Makolo had sought a court order to enforce his fundamental rights against the police, over unlawful detention and seizure of his call-to-bar certificate.
The applicant had, in the number: FHC/L/CS/2111/18, joined the Inspector General of Police, Deputy Inspector General of Police, Force Criminal Investigation and Intelligence Department (FCIID) Alagbon, Supol Olademeji, and Insp. Ayeni as co-defendants. The applicant had sought a declaration that his detention over a bail recommendation he made on behalf of a client, is unlawful and an infringement on his fundamental right.
In his judgment, Justice Oweibo awarded N5 million as damages against the respondents jointly and severally, for rights infringement. He also awarded N50, 000 as cost of action in favour of the applicant. He, therefore, ordered the immediate release of the applicant’s call-to-bar certificate “forthwith”.
In addition, the court ordered the respondents to tender a public apology to the applicant which would be published in two newspapers. Justice Oweibo agreed with the applicant’s contention of being arrested by the police unlawfully, even though the police argued otherwise.
The judge noted that a recommendation for bail by a legal practitioner did not constitute an offence known to law. The court, consequently, held that the arrest and detention of the applicant, following a bail recommendation he made on behalf of his client, amounted to a breach of his fundamental rights.
The applicant had prayed the court to award N5 million as damages against the respondents jointly and severally, for infringing on his constitutional right to personal liberty. He had also sought a declaration that the seizure of his call-to-bar certificate constituted an abuse of his right to legal practice.
The applicant had averred that the respondents were a creation of the law, who must act within lawful limits, rather than taking the laws into their hands. The suit first brought before Justice Ayo Emmanuel, who was later transferred out of Lagos jurisdiction, was assigned to Justice Nicholas Oweibo. During the trial, Ogu appeared for the applicant, while Mr S.I Ezeribe appeared for the respondents.
The parties respectively argued and adopted their written submissions before the court, after which the court reserved judgment. In the suit, the applicant averred that he had acted as legal practitioner to two clients, over a property dispute, and had accompanied them to the office of the Force Criminal Investigation and Intelligence Department (FCIID), Alagbon on November 6, 2018, following an invitation by the police.
He said after the statements of his clients were obtained by the fourth respondent, they were released on bail with one surety, who duly executed the bail bond, while his clients were asked to report back the following day, November 7, 2018. He said his clients reported back the following day as directed, and were subsequently discharged by the fourth respondent, who promised to inform them “whenever the need arose”.
Makolo said he was surprised when on November 12, 2018, the third and fourth respondents accosted him (applicant) at the Yaba Magistrates’ Court, handcuffed him, pushed him into a waiting Honda car, and drove off to their office.
He said when it dawned on him the possible reason for his arrest, he immediately reminded them that he was not a surety for his client, but had only recommended their bail, adding that the surety was the proper person to be invited where they failed to show up.
He said the respondents replied that “they had no time for that”. He said it took the intervention of his colleagues, who had seen him being whisked away from the Yaba Court’s premises, to seek his bail the following day, November 13, 2018. He said he was admitted to bail with two sureties, while the original copy of his call to bar certificate was seized by the respondent, and the same has not been released to him till date, in spite of repeated demands.
The applicant, therefore, sought an order declaring the seizure of his certificate as a flagrant abuse and violation of his right to legal practice, and urged the court to order the immediate release of the same. Besides, the applicant had claimed the sum of N50 million in damages, against the respondents, jointly and severally, for breach of his fundamental rights.