UPDATE: Pay N40m To Chocolate City Founder Maikori, Court Orders el-Rufai, Police
BY AMOS DUNIA, ABUJA – A Federal High Court sitting in Abuja on Friday ordered Governor Nasir Ahmed el-Rufai of Kaduna State and the Nigeria Police Force to pay the founder of Chocolate City, Audu Maikori, the sum of N40 million for illegal detention and violation of his rights as a citizen of Nigeria.
Delivering his ruling, Justice J. Tsoho said that counsel to Maikori, Barrister Gloria Mabeiam Ballason proved beyond reasonable doubts that her client’s fundamental human right was infringed upon and, therefore, ordered that both Governor el-Rufai and the NPF should pay the sum of N40 million as compensation to Maikori.
Audu Maikori, who is the Founder of Chocolate City, was arrested in Lagos and taken to Abuja after he apologised over a tweet that turned out false over a report that suspected herdsmen murdered five students of the Kaduna State College of Education, Gidan Waya, near Kafanchan.
Following 25 reliefs sought by the plaintiff in the Suit Nos: FHC/ABJ/CS/385/17, 25, the Court granted Relief 1 and 2, maintaining that Maikori is human, Nigerian and entitled to fundamental rights.
The Court however denied Relief 3 as the judge upheld that he could be arrested on reasonable suspicion while Relief 4 was granted with the court’s ruling that it was wrong to arrest Maikori in Lagos without due process.
But the court denied Relief 5, saying it was not convinced on the illegal mode of Maikoriβs transportation from Abuja to Kaduna on second arrest. However, itΒ granted Reliefs 6,7,8 and lambasted the defence for arresting Maikori when deathly ill and agreed that his life was threatened.
The court however denied Reliefs 9,10,11,12. On Relief 9, the trial judge ruled that he was not convinced that el-Rufaiβs threat puts Maikoriβs life at risk just as he turned down the compensation sought for Maikoriβs family.
Also, Justice Tsoho ruled that he was not convinced Governor el-Rufaiβs threat affected the dignity of Maikori but grantedΒ Relief 13 by upholding that his detention at SARS facility amounted to harassment, intimidation and wrongful detention.
The judge denied Relief 14 and 15 as a Deputy Director was involved in the coordination of the arrest but upheld Relief 16 by ruling that the arrest of Maikori affected Chocolate City’s reputation and that of the artisteβs rating.Β Similarly, Relief 17 was denied, as the judge turned down demand seeking for apology in 10 national dailies.
Furthermore, Maikori was granted Relief 18 and 19 by the court which upheld that he cannot be arrested if his advocacy is legal and civic spaces should not be constricted, adding that with regards to Relief 19, the right of the Plaintiff to liberty is effectively guaranteed as he was not running away from defending charges made against him.
Again Relief 20 was granted with the sum of N10 million awarded as damages for high handed and non-procedural manner Maikori was arrested in Lagos without registering warrant. The Court said although he could be arrested on reasonable allegation, the N10 million is to serve as deterrent against security agentβs high handedness.
It also granted Relief 21, agreeing Maikori’s pride was hurt, his character was injured, his reputation affected and therefore awarded N10 million. Also upheld byΒ Justice Tsoho was Relief 22 with N10 million awarded for the suffering caused Maikoriβs physical and psychological health that was aggravated. Here, the Court noted that the plaintiff was able to prove the huge spending claims on his health arising from the arrest and detention.