The Supreme Court of Nigeria has dismissed an appeal by the Nigeria Police Force challenging the judgment of the Court of Appeal, Asaba, which held that the police violated the fundamental rights of fourteen Delta State residents.
In the appeal marked SC/CV/834/2024, the respondent is Sunday Mbam, with Jennifer Ogborgu as respondent in SC/CV/833/2024, Ernest Ezenem as respondent among others in the appeals filed. The respondents represent those who allegedly were killed following a controversial raid, arrest, and prolonged detention by the police in Delta State Police Command.
In a majority judgment delivered on Friday, Justice Abubakar Sadiq, who read the lead judgment, resolved the two issues submitted for determination against the appellants: the Commissioner of Police, Delta State; Assistant Inspector-General of Police, Zone 5; and the Inspector-General of Police. The apex court affirmed the decision of the Court of Appeal, Asaba Judicial Division, which had upheld the judgment of the Federal High Court, Asaba, and awarded N10 million as aggravated and exemplary damages and N500,000 cost against the police authorities.
The appeal, marked SC/834/2024, arose from a fundamental rights enforcement suit filed by Mbam over an alleged police operation carried out in communities within the Kwale axis of Delta State. Delivering judgment, Justice Sadiq said the right to personal liberty remained one of the most important constitutional guarantees under Section 35 of the 1999 Constitution, adding that courts had a duty to protect citizens against abuse of state power.
In the judgment delivered on the main appeal marked SC/CV/833/2024, which has Obi Chuks Malibor as respondent, the court held that the other thirteen appeals shall abide by it. “The fundamental right to personal liberty is one of the cornerstones of human rights and a bedrock principle in any society governed by the rule of law,” he held.
The court held that evidence before it, including a police spokesperson’s interview published by The Pointer newspaper, established that armed police officers carried out an operation in the Kwale axis at the relevant time. Justice Sadiq said the attempt by the police to separate the affected communities from the Kwale axis raid was unsuccessful, noting that the communities where the respondent was arrested fell within the area covered by the operation.
The Supreme Court further held that the police failed to disprove allegations that the respondent was arrested and detained during the operation. “It is safe to conclude that since the appellant admitted that Kwale communities in Ndokwa West Local Government Area of Delta State were part of the area raided, the affected communities were among those where the operation was carried out,” the court held.
The apex court also rejected the argument by the police that the Court of Appeal wrongly awarded damages because the respondent did not file a cross-appeal. Justice Sadiq ruled that the Court of Appeal properly exercised its powers under Section 15 of the Court of Appeal Act, stressing that the law recognises that every violated right must have a corresponding remedy. According to him, the principle of ubi jus ibi remedium — where there is a right, there is a remedy — applied in the circumstances of the case.
The court held that once the violation of the respondent’s right to liberty was established, compensation could be granted as a remedy. “Where a legal right is violated, the law provides remedy either in damages or other appropriate relief,” Justice Sadiq said. He added that the Court of Appeal exercised its discretion judicially and judiciously by awarding N10 million damages and N500,000 cost. “Having resolved both issues against the appellant, it is obvious that there is no merit in this appeal. I dismiss the appeal and affirm the judgment of the lower court,” he held.
The police authorities had urged the Supreme Court to overturn the earlier decisions, arguing that there was no direct evidence linking them to the alleged raid, arrest, and detention. Dr. Richard Ishiguzo, from the Directorate of Legal Services, Delta State Police Command, counsel to the appellants, vigorously contended that the lower courts relied on speculation and a newspaper publication rather than credible evidence. He argued that the police interview relied upon did not mention the respondent’s communities — Etua-Oliogo and Etua-Etiti — and did not establish that the officers involved carried out any unlawful operation there.
The appellants also challenged the award of damages, arguing that the respondent failed to file a cross-appeal against the refusal of the trial court to award monetary compensation. However, the Supreme Court disagreed, holding that the circumstances of the case justified the award of damages. Hon. Justice Adhumien, in a dissenting judgment, strongly disagreed with the majority decision and resolved the issues in favour of the police appellants.
