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T he Lagos State High Court in Ikeja has ordered the Nigeria Police and a Lagos businessman, Rapheal Obi, to pay N80 million to a clearing agent, Rapheal Okonkwo, for illegal detention, torture and malicious prosecution.
Justice Babajide Candide-Johnson held that Okonkwo’s arrest, detention and prosecution before an Igbosere Chief Magistrate Court for alleged theft of a 40ft container, containing Topgel MC valued at N36.4 million, was unlawful and malicious.
The court noted that the police failed to conduct any credible investigation before prosecuting Okonkwo.
The judge held that the action of the police was “a patent and blatant abuse by the Police of the enormous powers of criminal prosecution.
“The entire investigation by the Police, according to the court, and the evidence given in this court was the reception of a petition in respect of the case, the arrest of the accused person and the taking of his statement.
“They did not give evidence of any investigation as to the theft of the container. Therefore, their evidence is of no use in determining the guilt or otherwise of Okonkwo”, the court held.
Okonkwo was discharged and acquitted in charge No A/55/2004 by Chief Magistrate Akintunde Olufemi Isaac.
Through his lawyer, Abang Mkpandiok, he sued at the High Court, seeking among others, a declaration that his prosecution by the Police in charge A/55/2004, on the instigation of Rapheal Obi was malicious and injurious to him.
He demanded N100million as damages.
Justice Candide-Johnson said he believed the submission of the claimant that the attack on him was to avoid payment of a N60 million indebtedness.
The judge also held that it was Obi who arranged the movement of Okonkwo from the detention of the Police at the Special Fraud Unit (SFU), Milverton Road, Ikoyi, Lagos to Special anti-Robbery Squad (SARS).
“What exactly does this case have to do with armed robbery and SARS who are specifically a squad to tackle armed robbers? I can only arrive at one inference that the movement of Okonkwo to SARS was activated by an unjustifiable intention to inflict injury on him and a desire to cause him harm.
“On the totality of evidence before this court, I hold that Rapheal Okonkwo has credibly established and proved all the requisite ingredients of malicious prosecution.
“Accordingly, I enter judgement forthwith in favour of Okonkwo against Rapheal Obi, Superintendent Ibrahim Haruna Ishaq and the Inspector General of Police that the prosecution of Okonkwo in charge No A/55/2004 on the instigation of Rapheal Obi is malicious and injurious.
“N80 million is awarded against all the defendants jointly and severally,” Justice Candide-Johnson said.
Justice Babajide Candide-Johnson held that Okonkwo’s arrest, detention and prosecution before an Igbosere Chief Magistrate Court for alleged theft of a 40ft container, containing Topgel MC valued at N36.4 million, was unlawful and malicious.
The court noted that the police failed to conduct any credible investigation before prosecuting Okonkwo.
The judge held that the action of the police was “a patent and blatant abuse by the Police of the enormous powers of criminal prosecution.
“The entire investigation by the Police, according to the court, and the evidence given in this court was the reception of a petition in respect of the case, the arrest of the accused person and the taking of his statement.
“They did not give evidence of any investigation as to the theft of the container. Therefore, their evidence is of no use in determining the guilt or otherwise of Okonkwo”, the court held.
Okonkwo was discharged and acquitted in charge No A/55/2004 by Chief Magistrate Akintunde Olufemi Isaac.
Through his lawyer, Abang Mkpandiok, he sued at the High Court, seeking among others, a declaration that his prosecution by the Police in charge A/55/2004, on the instigation of Rapheal Obi was malicious and injurious to him.
He demanded N100million as damages.
Justice Candide-Johnson said he believed the submission of the claimant that the attack on him was to avoid payment of a N60 million indebtedness.
The judge also held that it was Obi who arranged the movement of Okonkwo from the detention of the Police at the Special Fraud Unit (SFU), Milverton Road, Ikoyi, Lagos to Special anti-Robbery Squad (SARS).
“What exactly does this case have to do with armed robbery and SARS who are specifically a squad to tackle armed robbers? I can only arrive at one inference that the movement of Okonkwo to SARS was activated by an unjustifiable intention to inflict injury on him and a desire to cause him harm.
“On the totality of evidence before this court, I hold that Rapheal Okonkwo has credibly established and proved all the requisite ingredients of malicious prosecution.
“Accordingly, I enter judgement forthwith in favour of Okonkwo against Rapheal Obi, Superintendent Ibrahim Haruna Ishaq and the Inspector General of Police that the prosecution of Okonkwo in charge No A/55/2004 on the instigation of Rapheal Obi is malicious and injurious.
“N80 million is awarded against all the defendants jointly and severally,” Justice Candide-Johnson said.
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