A serving Police Officer at the Police Area Command, Ikot Ekpene and a defendant are awarded N2.5 million damages for unlawful detention of a woman over ownership of her father’s property located at 6, Library Avenue, Ikot Ekpene.
Akwa Ibom State High Court presided over by Justice Ntong Ntong ordered Inspector Mbuk-iduhe Isaac to pay N1.5 million, and Ndifreke Bassey Ekponobong N1 million damages to Emem Uwem Patrick, the applicant for a breach of her fundamental rights.
Justice Ntong in a one-hour judgment delivered Monday, said his concern is not about who owns the property, but the illegal arrest and detention of the applicant.
He argued that although the complainant has legal right to report to the Police, in carrying out such constitutional duties, the Police are not permitted to jettison the rule of law.
Justice Ntong held that Inspector Mbuk-iduhe Isaac surrendered himself to the first respondent, one Ndifreke Bassey Ekponobong as a willing tool for the psychological torture and harassment of the applicant in order to intimidate her to succumb and relinquish her alleged father’s property.
Justice Ntong held that since the Police Area Commander, Ikot Ekpene, who is the 4th respondent in the matter, had advised Inspector Isaac against meddling into a civil matter, but he failed to obey the lawful order of his superior, Inspector Mbuk-Iduhe Isaac is personally liable for his disobedience and must bear the brunt and consequences of his insubordination.
He further held that it is not the law that anyone should use the state apparatus to perpetuate illegality.
Justice Ntong said Inspector Mbukiduhe Isaac took advantage of the absence of the Area Commander to embark on nefarious activities by arresting and detaining the applicant on a civil matter of ownership of property to the extent that he personally supervised the demolition of the applicant’s place of business in an attempt to assist the first respondent, Ndifreke Bassey Ekponobong to recover her alleged father’s property.
The Court commended the Area Commander, Ikot Ekpene, ACP Nasiru Bello Kan Karofi, for respecting the rule of law in carrying out his constitutional duties.
