For knowing his rights, Evans in-law get 2 million from police

Okwuchukwu Obiechina, the brother in-law to Chukwudumeme Onwuamadike, the suspected kidnapper known as “Evans”, has been awarded N2million, against the Police, by the Federal High Court in Lagos, for breach of “Fundamental Human Right.”

Obeichena, who was detained by the Police during the investigation of Evans, filed a suit, for breach of fundamece.

Justice Muhammed Idris, the presiding Judge, ruled against the detention tagging it unconstitutional.

He ordered that Obiechena should be released immediately, adding that Police should charge him to Court if they found him wanting.

A 15 paragraph affidavit ex parte application affirmed that Mr Obeichena was arrested and detailed solely because of his relationship with Evans.

Justice Idris remanded the order Police obtained to promote his detention and ordered the Police to tender an apology him which will be published in two National newspapers.

The Court also award N2million damages in favour of Mr Obeichena.

According to the Fundamental Rights in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria:

Where a person is detained in lawful custody he/she has the following rights:

1. Right to remain silent and not answer any questions unless/until speaking to a Lawyer
2. Right to be informed in writing, within 24 hours, of the facts and grounds for his arrest or detention.
3. To bon.
4. To be brought before a court within a reasonable time, and if not tried within 2 months (for individuals in custody/not entitled to bail) and 3 months (for individuals released on bail), they shall be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date (without prejudice to any further proceedings that may be brought against the individual)
5. Not to be kept awaiting trial in detention for a period longer than the maximum period of imprisonment for the offence he/she is accused of.

The Police Force do not have the right to arrest anyone except such person is told of your offence. But unfortunately, there have been various cases of police arrest without informed them of why they arrest them.

A citizen also has the right to bring a civil action against the Police for damages from a violation of his Rights.

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