A Federal High Court, Abuja, on Tuesday, awarded a N1 million fine against the Independent Corrupt Practices and other related offences Commission (ICPC) for unlawful detention of Prof. Dibu Ojerinde, former Registrar, Joint Admissions and Matriculation Board (JAMB).
Justice Obiora Egwuatu, in a judgment, also awarded a N200, 000 fine against the ICPC as Ojerinde’s cost of instituting the case.
Justice Egwuatu held that though the rearrest of ex-JAMB boss on Jan. 26 was legal and lawful based on the search warrant obtained from the chief judge of the court, the anti-graft commission ought to have obtained a detention warrant since Ojerinde would not be immediately arraigned.
He agreed with counsel to the commission, Ebenezer Shogunle, that the content of the search warrant specifically stated that Ojerinde, his daughter in-law and his son, and whatever that was discovered in the premises to be searched should be brought to court.
He also agreed that though there was a fresh charge against the professor and that the arraignment before a sister court was frustrated due to the court vacation and non-sitting of court at some points, including the refusal of Ojerinde’s daughter in-law and son to be in court for arraignment, the judge held that detaining him without an order of detention for the period in custody was a breach of his fundamental rights.
Justice Egwuatu said that it was uncontroverted that there was a pending charge against the applicant in suit number: FHC/ABJ/CR/119/2023, alleging multiple identities, conspiracy to sell and sale of already forfeited property to the Federal Government, multiple identity cards with different names against him, the judge held that Ojerinde “is presumed innocent until he has been proven guilty.”
As to his rights to dignity of person, the court held that the applicant had been unable to prove that his right to dignity of person was breached by the ICPC.
Egwuatu said he had not been able to show that he was either tortured or brought into forced slavery, among others.
Consequently, the judge, who declared that Ojerinde is presumed innocent until the court decides, said that his continued detention was unlawful, illegal and a breach of his right to liberty.
He, therefore, ordered that the embattled former JAMB registrar should be released or arraigned immediately.
Justice Egwuatu, who ordered the ICPC to pay the sum of N1 million as damages for breach of his fundamental right to liberty, directed the commission to pay him N200, 000 as cost of the suit.
He, however, did not grant other reliefs sought
The News Agency of Nigeria (NAN) reports that Ojerinde, in the suit marked: FHC/ABJ/CS/179/2023 filed before Justice Egwuatu, had sought an order to enforce his fundamental rights, following his re-arrest on Jan. 26 within the court premises and his subsequent detention.
He, therefore, sought an order of perpetual injunction restraining the commission and its officers from arresting or detaining him on account of the petition in respect of which he was currently facing a criminal charge or for the purpose of filing an amended charge as the case may be.
He also sought an order directing the commission to pay to him the sum of N500 million only, being exemplary damages for the breach of his rights to personal liberty, freedom of movement, dignity of human person and presumption of innocence as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He further sought an order against the anti-graft agency for the sum of N100 million only being the cost of instituting the action.
The former JAMB boss, in the suit, also sought an order for a general damages against the ICPC as may be assessed by the court.
Besides, he sought an order against the commission for post-judgment interest of 10 per cent per annum on the judgment sum calculated from the date of delivery if the judgment.
ICPC had accused the ex-JAMB boss of diverting public funds to the tune of N5 billion and was dragged before Justice Egwuatu on 18-count money laundering suit.
Ojerinde was however re-arrested on Jan. 26 by the operatives of the anti-graft commission while he was heading to his car with one of his sons, after Justice Egwuatu adjourned further proceedings in the charge preferred against him.
ICPC lawyer had told the court that he was re-arrested on suspicion that he might have committed some other offences not unconnected with the present charges before the court.
He said for this reason, the commission “obtained a warrant of this honourable court dated 6th of Dec, 2022,” for the ex-JAMB registrar’s re-arrest.
Ojerinde, his three sons and a daughter in-law are therefore facing separate charges before Justice Inyang Ekwo of a sister court.
[NAN]
