The Court of Appeal in Abuja has upheld judgment regarding the unlawful arrest and detention of Felix Okonkwo, one of the legal representatives of the Indigenous People of Biafra (IPOB) leader, Nnamdi Kanu.
Okonkwo, alongside Ikenna Chibuike and Okafor Ugochukwu, had filed a fundamental human rights suit against the police and the Department of State Services (DSS) following their arrest on September 27, 2021.
Justice Samaila Bature, in a ruling delivered on March 24, 2022, found the police culpable for the unlawful arrest and detention of the appellants. Consequently, a fine of N2 million was imposed on the police, payable to the appellants. However, no order was issued against the DSS as the appellants failed to substantiate any cause of action against the agency.
Unsatisfied with the verdict, the appellants pursued the matter at the Court of Appeal, arguing that the awarded compensation was inadequate and sought to hold the DSS accountable for their ordeal. In a lead judgment delivered on Monday, Justice Okon Abang dismissed the appeal, citing lack of merit and substance.
Justice Abang emphasized that the appellants failed to demonstrate any miscarriage of justice in the initial judgment. He further noted that video evidence presented by the appellants did not implicate DSS operatives in their arrest. Regarding the compensation, Justice Abang asserted that the awarded N2 million was appropriate given the circumstances of the case and the absence of compelling reasons for a higher sum.
“In my opinion and going by the peculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded,” Justice Abang stated. “I cannot fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount.”
Ultimately, The appeal was dismissed, with Justice Abang concluding by saying, “The appeal lacks merit, and it is accordingly dismissed. There is no order as to cost.”
