A High Court in the Federal Capital Territory, presided over by Justice U.P. Kekemeke, has awarded a N100 million damage in favour of a journalist with The News magazine, Desmond Utomwen, who was brutalised by policemen with the support of staff of Guarantee Trust Bank.
Kekemeke delivered the judgment on October 4, 2012.
Utomwen was brutalised on December 11, 2009, by policemen in collaboration with staff of Guaranty Trust Bank Plc whole he was coverng a protest at Area 3, Abuja, over the massive fraudulent withdrawals via ATM said to have been made by the bank officials.
After several demands to the bank and police for a thorough investigation and compensation, the journalist, through his solicitor, Ugochukwu Ezekiel, Esq, of Festus Keyamo Chambers, approached the High Court of the Federal Capital Territory, seeking the following reliefs:
1. A DECLARATION that the attack, heating with guns, beating to unconsciousness, bundling into police vehicle and detention for many hours without access to medical treatment of the 1st Applicant by the 1st to 6th Respondents who are agents of the 7th to 9th Respondents on the 11th day of December, 2009 is inhuman and degrading and amounts to a violation of the Applicant’s right as enshrined in Section 34 of the 1999 Constitution of the Federal Republic of Nigeria.
2. A DECLARATION that the forceful collection of One Digital Camera, one Digital Recorder, TheNEWS magazine official Identity card, Cash of =N=2,000.00(Two thousand naira) all belonging to the 1st Applicant by the 1st to 6th Respondents who are agents of the 7th to 9th Respondents on the 11th day of December, 2009 amounts to forceful acquisition of the Applicant’s property and a violation of the 1st Applicant right to own moveable property as enshrined in Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.
3. A DECLARATION that the obstruction of the Applicant from receiving and publishing information about the peaceful protest of 11th day of December, 2009 at Area 3, Garki, Abuja by the 1st to 6th Respondents who are agents of the 7th to 9th Respondents is a violation of the 1st Applicant’s right to freedom of expression and the press as enshrined in Section 39 of the 1999 Constitution of the Federal Republic of Nigeria.
4. AN ORDER OF MANDATORY INJUNCTION Compelling the Respondents jointly and severally to immediately release to the 1st Applicant the underlisted items collected forcefully from him on the 11th day of December, 2009 by the 1st to 6th Respondents who are agents of the 7th to 9th Respondents. The items are:
(a) one canon digital camera worth =N=250,000.00
(b) one digital recorder worth =N=50, 000.00
(c) one TheNEWS Magazine Official identity card belonging to Desmond Utomwen.
(d) Cash of =N=2,000.00 (Two thousand naira) only.
Alternatively:
Immediate payment of the sum of =N=302,000.00 to the 1st Applicant being total cost of the items and cash forcefully seized from him on the 11th day of December, 2009 by the 1st to 6th Respondents who are agents of the 7th to 9th Respondents.
5. AN ORDER OF MANDATORY INJUNCTION Compelling the Respondents jointly and severally to immediately pay to the Applicants the sum of =N=200,000,000.00(Two hundred million naira) only being general damages for the wrongful violation of the 1st Applicant’s right to freedom from inhuman and degrading treatment, right to own moveable and immoveable property and right to freedom of the press and expression as enshrined in sections 34, 39, and 44 of the 1999 constitution and for the physical and psychological pain, public ridicule, medical bills and loss of earning.
6. The cost of this action accessed at =N=2,000,000.00 (Two million naira) only.
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