ENUGU, Federal Republic of Nigeria. February 26, 2015 — Federal High Court sitting in Enugu, Enugu state, presided over by Hon Justice D.V. Agishi, on Tuesday, February 24, awarded the sum of NGN500,000 as costs against the Enugu state Waste Management Authority [ESWAMA].
The court ruled that ESWAMA engaged in unlawful acts, including torture, humiliation, dehumanization, and unlawful detention of Ms Nma Ukonu, programme officer at South Saharan Social Development Organisation, a non-governmental organisation [NGO].
Ukonu’s legal counsel Olu Omotayo Esq had filed suit No. FHC/ EN/ M/ 133/2012 against ESWAMA praying the court to grant: A declaration that the act of the respondents in inflicting grievous bodily injuries on her body using fisticuffs and unidentified objects constitutes a flagrant violation of her fundamental rights as guaranteed under sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999, and Articles 5 & 6 of the African Charter on Human & Peoples Rights, (Ratification and Enforcement Act) Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void; and a declaration that her arrest and detention for more than eight hours by the respondents and their agents constitutes a flagrant violation of the applicants’ fundamental rights, guaranteed under section 34 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 5, of the African Charter on Human & Peoples Rights, (Ratification and Enforcement Act) Cap A9, Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void; NGN50 million as being exemplary, punitive, aggravated, special and general damages against the 1st, 2nd and 3rd Respondents for their infringement of constitutional and fundamental rights”.
In her judgement, Hon Justice Agishi said:
The Fundamental rights guaranteed by the Constitution are sacrosanct and cannot be curtailed except as contained in the constitution; acts of deprivation, torture, intimidation and unlawful detention and inhuman treatment meted on Miss Nma Ukonu without her committing any offence known to the law constitutes a grave violation of her fundamental rights; the argument of the lawyer to ESWAMA, that the agency was acting under Section 28(1) of ESWAMA Law, Cap 75, of the Revised Law of Enugu State 2004, cannot justify the infringement;
