NewsExpress banner First Bank Fashion Souk Fidelity bank card banner Umm Sulaim's Thoughts Camano banner

Illegal declaration: Appeal court awards N30m against Julius Berger, Police

By News Express on 07/01/2019

Gmail icon

Views: 628

•Court gavel
•Court gavel

The Court of Appeal sitting in Owerri has awarded the cost of N30 million against Julius Berger Nig. Plc and the Nigeria Police while upholding the judgment delivered by the Imo State High Court against the duo for what the court declared as illegally declaring wanted, a Lagos based human right crusader, Mr Emeka Ozoani.

Ozoani had filed a suit of gross violation of his fundamental rights delineated HOW/654/2012 before the Imo state High Court following a newspaper publication where the police declared him as a category ‘A’ wanted person in the Thisday Newspaper of September 4, 2012, asking the court for enforcement of his fundamental right and an order setting aside the declaration that he is a ‘category “A” wanted person as well as an order of perpetual injunction restraining and directing the respondents to jointly and severally tender apology to the applicant and also pay damages of N50 billion for the unlawful violation of his fundamental rights.

The suit was filed against the Inspector General of Police, the Assistant Inspector General of Police Zone 9 Umuahia, ASP P.S. Njoku, Prosecuting officer in charge of OW/373c/2011 Zone 9, Umuahia, Peter Ogunyanwo, DCP Zone 9 Umuahia and Julius Berger Nigeria Plc and the Imo State High Court had on February 2013 in a judgment held that the police had grossly violated the fundamental rights of Mr Emeka Ozoani for declaring him ‘category “A” wanted person’.

Prior to the suit, the police had arrested, manhandled and assaulted the lawyer in the court premises over an allegation of forgery in the case HOW/581/2007 Mrs Philoma Ugo V. Julius Berger (Nigeria) Plc where he appeared as counsel. The court had ruled that police in the administration of justice are to prevent crime, investigate an allegation of crime and enforce laws and regulation but went beyond the scope of their duties by falsely and wrongly arresting and battering a person, then becoming culpable of criminal acts.

Dissatisfied with the judgment, Julius Berger Nig. Plc and the Nigeria Police proceeded to the Court of Appeal challenging the judgment that absolved the lawyer but in its judgment, the Appeal Court panel of judges, Raphael Chikwe Agbo, Ayobode and O.Lokulo-Sodipe, led by Rita Nosakhare Pemu upheld the high court judgment.

Justice Rita Pemu while delivering the lead judgment said, “It is no gainsaying that the economic downturn is endemic and keeps going down. The 5th respondents/cross-appellant is a legal practitioner. A respected one at that! In the course of carrying out his legitimate duties, he is pounced on with levity. His body and soul are bruised and his emotions toyed with. This is despicable; it against public policy for those who are supposed to enforce the rule of law, to collude with big multinational companies to oppress the people.

“The time has come in this country to cry aloud against these nefarious activities. The average man on the street should be able to walk the streets without fear of being molested by powers that be. The issue of the award of damages is discretionary and I am tempted not to interfere with the number of damages awarded the 5th respondent /cross-appellant.

“But with respect, N25 million is a far away from the amount claimed by the respondent/ cross-appellant. I would award the sum of N30 million because of the dire economic situation right now. It was bad enough in the year 2013 when judgment was delivered in this matter. It is even worse today economically.

“In the circumstances, I hereby award the sum of N30 million to the respondent instead of N25million awarded by the court below. The cross-appeal succeeds in part and I so order N100, 000.00 cost in his favour.”

The court of appeal held that the appeal filed by Julius Berger lacks merit and dismissed it in its entirety. “Where there is suspicion, it must be reasonable. It is the duty of Police to investigate crimes but not to be used as a tool of oppression by unscrupulous litigants in pursuit of their mischief.

Sourced from a Tribune report


Source News Express

Posted 07/01/2019 05:13:41 AM





You may also like...
Army recovers list of names of Boko Haram...

How US states make their money

APC on a revolutionary mission — Osinbajo

UAE moves to build human settlement on Mars...

Senator Zanna’s death a big blow, says David...

PTAD defies SGF, Senate; refuses to recall disengaged...

Office of National Security Adviser inducted into ‘FOI...

Buhari, Service Chiefs meet in Aso Rock

AC Milan banned from Europa League

Umeh hails judiciary, dedicates award to it

Energy professionals, stakeholders brainstorm in Abuja •Proffer solutions...

China produces 209 multi-billionaire lawmakers


Latest News BREAKING: Explosion rocks Ebonyi school DSS bows to court; releases Sowore, Bakare ISWAP terrorists abduct 14, including two Red Cross workers Two Nigerian varsity students deported to Bosnia Don’t handcuff me in public, Orji Kalu begs prison warders Rape victim set on fire on way to court hearing How police officer murdered my son: Ex-Senator Titi Ajanaku’s death shocking - Obasanjo 2,000 repentant bandits surrender weapons to Zamfara Govt Eight dead, including children, in gas explosion Pirates kidnap 19 crew members from Greek tanker off Nigeria Kano Assembly defies court, passes new Emirates Bill


Most Read NUDE PHOTO OF OMOTOLA JALADE-EKEINDE surfaces online (568,886 views) Nigerian female sex addict opens up, says ‘I like it with both men and women’ (455,218 views) Shameless Genevieve Nnaji exposes breasts in public (404,999 views) Finally named: The full list of friends of Nigerian female sex addict who prowled Facebook (339,708 views) OLUMBA OLUMBA OBU (the one who called himself God) IS DEAD (306,557 views) 10 cars more expensive than Jets (290,125 views) Igbo scholar disgraces Femi Fani-Kayode •Demolishes claims on Igbo/Yoruba history with facts and figures (260,607 views) Breaking News: POPULAR REVEREND CONVERTS TO ISLAM in Kaduna (Nigeria) (259,379 views) OBJ’s son reported dead in Lagos plane crash •Names of more victims emerge (240,829 views) My wasted years in Olumba Olumba Obu’s Evil Brotherhood (227,332 views) Lagos plane crash: Journalist releases victims’ names (203,234 views) THE FINAL DISGRACE: Igbo scholar unleashes more facts about Igbo/Yoruba history, finishes off Femi Fani-Kayode with second article (199,734 views)


CBN milk production

CBN banner advert

UBA Wise Savers Promo


Categories Advertorials (3) African Press Organisation (81) Art & Literature (111) Business & Economy (4,610) Business Verdict (89) Columnists (1,154) Complaints & Requests (97) Enterprise & Opportunities (219) Entertainment (715) Features (851) Global Business Monitor (497) ICT Monitor (71) International (4,299) Interview (216) Live Commentary (30) Love Matters (177) Maggie's Blog (505) News (54,862) Opinion (1,434) Pidgin (18) Politics (11,845) Religion (1,129) Sports (2,243) Stock Watch (40) AMA & Al Jazeera Global Update







APO Group Partner




GOCOP Accredited Member

GOCOP Accredited member



Africa Media Agency and Al Jazeera