*Demands N20m damages
By Alphonsus Nweze
An Onitsha businessman, Mr Michael Ugwa has dragged the Divisional Police Officer (DPO), Central Police Station ( CPS), Onitsha, Anambra State, Mr. Ifeanyi Ibru to Court, demanding N20m damages for his unlawful arrest, degrading treatment and detention.
The case filed in Onitsha High Court by his counsel, M. F. Uzoigwe, under originating application, pursuant to order 11 rule three of the fundamental rights (enforcement procedure) rules 2009.
He is also seeking for a declaration that the arrest, torture and detention from about 9am on October 14, 2021 by the DPO and Inspector Yomi Aregbelo IPO and their team without any lawful justification was null, void and a contravention of Section 35 of the 1999 Constitution as amended.
He also asked for court’s declaration that his arrest, torture and detention was unlawful, void and a contravention of the applicant’s rights as enshrined in Section 34 of the 1999 Constitution as amended.
Ugwa therefore asked an order of the court restraining the respondents, their officers, agents, privies or whosoever called for further arrest, detention and torture in respect of the matter.
He also prayed the court to mandate the respondents especially the DPO and IPO to deliver apology in writing to him for the unlawful interference in his fundamental rights.
Accorfing to Ugwa’s counsel the DPO had approached Ugwa to purchase his Mercedes 1513 tipper truck at Old Motor Spare Parts, Nkpor Agu, Idemili Local Government Area of Anambra State.
The DPO, he said, test drove the truck through his own driver, certified it good, paid, procured a plate number and other relevant documents for the truck.
He took the truck for commercial purpose but after about two months of usage he started demanding for the refund of the money he paid for the purchase of the truck.
He said when Ugwa refused to refund the money since the DPO had used the truck for about two months, the DPO threatened Ugwa in many ways to refund the money but to no avail.
He then was said to have instigated the officers from AIG Zone 13 and Inspector General of Police to violate Ugwa’s fundamental rights without any lawful justification.
On October 14, 2021 Ugwa was assaulted necktied, jacked up and dragged in the presence of the public like common criminal.
Said his lawyer in his application ” they embarrassingly rough handled the applicant, kicked him down, hitting him with the edge of their boots and dragged him on the ground and into their vehicle to the office of the 4th Respondent, Zone 13, Ukpo”.
He said “the grant of reliefs they sought would restore and ameliorate the fundamental rights of the applicants unjustifiably infringed on and battered by the respondents”.
