Drama of UNLAWFUL DETENTION
(Inside Ojulari’s Chambers, Barr. Ojulari, his Legal intern and his Secretary are seen to be discussing as Barr Ojulari is less busy)
SECRETARY: Congratulations Sir! I learnt that a judgement was delivered in favour of our Client last week when you were not around.
BARR. OJULARI: Thanks my learned Secretary. It was a case of fundamental human right enforcement, it must succeed, unless the Court wanted to aid anarchy. God forbids a day that the court will allow itself to be used to aid anarchy.
INTERN: I have also went through the fact of the case.
BARR. OJULARI: That is brilliant, what did you find out when you checked the fact-in-issue of the case?
INTERN: I discovered that the Police has trampled upon the rights of the our Client as it is enshrined in the Constitution. They unlawfully arrested and detained him for four days.
BARR. OJULARI: Wow! Rights? What are those rights, my learning friend?
INTERN: (Smiles) By arresting him and detaining him for four days unlawfully, it is against his constitutional right to personal dignity, section 34 of the Constitution, his right to personal liberty according to section 35 of the Constitution and Section 41 of the Constitution which talks about his right to freedom of movement.
(Both BARR. OJULARI: and SECRETARY clap to commend the INTERN’s brilliance)
BARR. OJULARI: This is brilliant, you should be in court when my Lord was reading the judgement, were you?
INTERN: Yes I was in the Court.
BARR OJULARI: How much did my Lord ordered the Respondents to pay to our Client as compensation detaining him illegally in damages?
INTERN: He Awarded One million Naira as compensation and also awarded #120,000 as cost of litigation, making the sum of One million, One hundred and Twenty Thousand Naira ( #1,120,000) that they will pay to our Client.
BARR. OJULARI: That is not bad, the law has clearly stated that a person should not be detained for more than 24 hours in the Police custody [1].
SECRETARY: O-kay!!!
BARR. OJULARI: The reasons that can make that Police to detain a person for more than 24 hours is if there is no Court of competent jurisdiction within a radius of 40 kilometres to the Police Station [2]
SECRETARY: Nice one….
BARR OJULARI: Meanwhile, the….
SECRETARY: (Interrupting) Sir, but many people don’t know this, they will even be begging the Police to release them after they have detained them for more than the time that the law stated. They don’t even know that they can Sue the Police and Cash out!
(All of them laugh)
INTERN: It remains one thing Sir, the Court has ordered the Police to tender unreserved public apology to our Client for their misconduct.
BARR. OJULARI: What a well considered judgement! The police are bound by law to tender public apology to a person that they detained unlawfully [3]. As a matter of law, they should be commanded to to publish that apology on Newspapers [4].
SECRETARY : If a Police officer unlawfully arrest someone I know next time, I will firstly slap that Police officer before I sue him to Court.
INTERN: Chai! You must not do that, that will amount to assault, assaulting a Police officer is an offence punishable with imprisonment for three years[5].
BARR. OJULARI: Did you just hear that? Never attempt to slap a police man, unless you will be at risk of three years imprisonment as my Learning friend has just said.
SECRETARY: I have heard Sir! Thanks for the legal advice Sir. Many don’t know their rights and how to claim them and it is so pathetic.
BARR. OJULARI: It is a pity! Hey guys! This cause for celebration. Kindly order for five packages of Chicken and Chips, with five Hollandia yoghurts and five can of chilled malt to celebrate this success.
DIFFICULT WORDS:
1. FACT-IN-ISSUE: Those facts, which are alleged by one party and denied by other party in a Court proceeding.
2. ANARCHY: A state of lawlessness
REFERENCES
[1]. Section 35 (5) (a) of the 1999 Constitution of the Federal Republic of Nigeria (As amended) ; See also Section 61 (1) of the Police (establishment) Act, 2020
[2]. Section 35 (5) (b) of the 1999 Constitution of the Federal Republic of Nigeria (As amended)
[3]. Section 35 (6) of the 1999 Constitution of the Federal Republic of Nigeria (As amended)
[4] Okoro v. Commissioner of Police FCT Command & Ors (Unreported) Suit No: FCT/HC/CV/2082/2018
[5]. Section 356 of the Criminal Code Act
ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher and a Writer. He can be reached via 09034904883 and [email protected]
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