The Federal High Court in Kaduna has awarded N20 million in damages to Awemi Maisamari, the President of the Adara Development Association (ADA), over his arrest and prolonged detention under the administration of former Kaduna State Governor Nasir El-Rufai.
Delivering judgement in suit FHC/KD/CS/123/2024, the court ruled that Mr Maisamari’s fundamental human rights were grossly violated following his arrest at a town hall meeting on the violence then ravaging villages in Kajuru Local Government Area.
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After his arrest on 16 February 2019, Mr Maisamari was held at the [now disbanded] Special Anti-Robbery Squad (SARS) detention facility for four days, according to a 41-page court writ obtained by PREMIUM TIMES. He was then transferred to the Kaduna Correctional Facility, where he was held for 107 days without being charged in court.
Despite multiple court appearances, he was denied bail until the state’s attorney general issued a legal opinion on 31 May 2019 recommending that all charges be dropped due to the lack of evidence.
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The court judgment
The court held that Mr Maisamari’s arrest and detention were “politically motivated” and unlawful, stating that “the contradictions, the unexplained failure to inform the applicant of the grounds of arrest, and the apparent politicisation of the investigative process” were fatal to the respondents’ defence.
While he accused former governor El-Rufai of having ordered his arrest, the court ruled that Mr Maisamari failed to substantiate his claim.
Rebuking the respondents, the court held that their actions violated sections 34, 35, and 36 of the 1999 Nigerian Constitution [as amended] and international human rights instruments.
In favour of Mr Maisamari, the court granted several reliefs specifically against the third to fifth respondents—the police, the Inspector-General of Police and the Commissioner of Police, Kaduna State.
Specifically, the court upheld reliefs 1, 2, 6, 9, 10, 18, and 19, which sought declarations and orders concerning the violation of Mr Maisamari’s fundamental rights. Among the granted reliefs were declarations that the arrest and prolonged detention of the applicant without due process constituted gross violations of his rights to personal liberty, dignity, and fair hearing as enshrined in the 1999 Constitution of Nigeria [amended].
Consequently, the court ordered Mr Maisamari to be paid compensation and general damages, including the cost of litigation.
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The court awarded N10 million as compensation for the unlawful arrest and another N10 million in general damages for the inhumane treatment and reputational harm Mr Maisamari suffered.
However, the court absolved the Kaduna State Attorney General (6th Respondent) of wrongdoing and commended him for the legal opinion dated 31 May 2019, which advised the termination of the case.
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