ABUJA, Federal Republic of Nigeria. A Federal High Court in Abuja, on Wednesday, slammed an N18 million fine on the authorities of the Nigeria Police Force over acts of its personnel against three Nigerian citizens.
Justice Gabriel Kolawole fined the police for selling three fuel tanker trailers belonging to Dauda Jibril, Vwede Akpohonor and William Onos.
The three transporters had filed the suit against the Inspector General of Police to challenge the sales of their tanker trailers in 2007 during the pendency of a suit at the Federal High Court.
They claimed N11.4 million as the cost of the vehicles as of the time they were sold and another N6 million as special damages caused them by the action of police, which the court granted.
Giving judgment in the legal action, on Wednesday, Justice Kolawole held that the police were reckless, fraudulent and dishonest with the shoddy and shameful manners the vehicles of the plaintiffs were sold in spite of a pending court action before Justice Babs Kuewumi of the Federal High Court.
Justice Kolawole dismissed the claim by the police that the trailers were abandoned by alleged pipeline vandals while siphoning petroleum products in Delta State and held that the three plaintiffs were put on trial in 2007 by police on allegation of being pipeline vandals but the criminal charges were struck out by a magistrates’ court on account of lack of diligent prosecution.
The judge held that with the verdict of the magistrates’ court that was not challenged in higher court, the police ought to have released the vehicles to their respective owners having failed to establish a criminal case against them.
Justice Kolawole also held that police acted in bad faith when Justice Babs Kuewumi of the Federal High Court, Abuja, ordered that the vehicles be released on bonds to their owners but defied the order and resisted to release.
He said that a purported order allegedly obtained from Chief Magistrate Kabir Lamido in Abuja authorising the sale was a nullity because the court had been ceased of power to do so, having struck out the criminal charge against the plaintiffs and discharge them.
“The unlawful and criminal sales of the three tankers belonging to the plaintiffs cannot be cured by order of the magistrates’ court because it lacked power to issue such order.
“Worse still, there is no cogent evidence by police to defeat the claims of the plaintiffs who have proved their respective case against the first defendant (police) on the illegal, unlawful and irregular sales of their vehicles,” he said and dismissed the claim by the police that the case of the plaintiffs was statute barred under the Public Officers Protection Act, having been filed more than three months after the cause of action.
The judge, however, declined to grant general damages to the plaintiffs due to their inability to present evidence before the court.
Credit: Tribune (Nigeria)
