Justice F. A. Sodamade of Osun State High Court, sitting in Iwo has ordered an Iwo-based businessman, Mr. Toba Amusan, to pay the sum of N500,000 as compensation to a 56-year-old trader for instigating his unlawful arrest and detention.
The court also dismissed the application for stay of execution of judgment filed by Amusan against the earlier judgment of the court delivered in May 2024.
56 years old Isikilu Kehinde had dragged the State Commissioner of Police; the Commander, Anti-Vice Intelligence Squad of Nigerian Police, Osun Command; Sgt. Opebiyi Abiodun and Mr. Toba Amusan to court over his arrest and eventual detention for four days without trial.
In a 20-paragraph affidavit, personally deposed to by him, Kehinde stated that ‘his arrest on 14th day of April 2024 by the 1st, 2nd and 3rd respondents at the instance of the 4th respondent is unconstitutional, malicious, illegal, frivolous, harassing, vexation and gross violation’ of his fundamental human rights as enshrined in the Constitution of Nigeria and Articles 5, 6, and 12 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act Cap 49 LFN 2004.
He demanded the sum of five million naira as damages for his unlawful arrest and detention from 14th day of April 2023 to 19th day of April 2023.
According to him, he “was unjustly detained by the 1st to 3rd respondents over a land dispute, which is pending before the State High Court.”
Although, the respondents had challenged the jurisdiction of the court to hear the case, Justice Sodamade ruled in favour of Kehinde and ordered Amusan to pay N500,000 as compensation in addition to public apology.
“By virtue of the same S.35 (6), any person who is unlawfully arrested or detained should be entitled to compensation and public apology from the appropriate authority or person. Since damages is constitutionally allowed, damages in the sum of N500,000, as claimed by the applicant, is awarded against the 4th respondent in favour by the applicant. The award of damages is in addition to public apology as claimed by the applicant,” the court ruled.
But in his efforts to overturn the court judgment against him, Amusan filed an application for a stay of execution pending the appeal he filed against the judgment but ruling on the stay of execution application, Justice Sodamade stated that pendency “of an appeal without more does not operate as a stay of execution.
“Applicant has not shown what damage will happen to the money involved in this judgment would be. The fact that applicant here (Amusan) said that the judgment debtor has been boasting that he had been awarded damages does not make that an exceptional circumstance because just like he so deposed, so also the judgment creditor/respondent deposed that the applicant was boasting that he would not pay any judgment sum. Applicant failed to show the existence of any special circumstances warranting the grant of his application, application is hereby refused,” the court ruled.
