Justice K.O. Ogundare of a Federal High Court in Umuahia, Abia State, has awarded N1 million damages jointly and severally against the Nigerian Police Force, Zone 9, Umuahia, over the voillation of the fundamental human rights of two citizens of Nigeria, Chiamaka Nsionu and Amarachi Chidi, under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

The duo, through their lawyer, Chima Nnamdi, in a suit marked FHC/UM/ CS/79/2023, sought, among other reliefs, a declaration of the court that arrest of the applicants:

Chiamaka Nsionu and Amarachi Chidi, on 18th May, 2023, at the premesis of Nelico Biochemical Industries Ltd., Asa-Umunka, Abia state, and their subsequent detention at Zone 9 Police, Umuahia, by the police operatives until 20th May, 2023, is illegal, unconstitutional and void being inconsistent with Section 35(1) of the 1999 Constitution, as the applicants did not commit any criminal offence, and there is no reasonable ground for suspecting that the applicants committed any criminal offence.

The Inspector General of Police (IGP); Assistant Inspector General of Police, Zone 9, Umuahia; Inspector John Onunaku; O/C Police Monitoring Unit, Zone 9, Umuahia, and the Police Service Commission (PSC) were joined as co-respondents in the suit.

The applicants, through their lawyer, argued that to arrest a citizen of Nigeria in circumstance that is clear that no offence was committed is inconsistent with Section 35(1) of the 1999 Constitution; and the court, under Section 35(6) and 46 of the 1999 Constitution can award compensation by way of damages.