Court awards N2.5m damages against serving police inspector

ETIM EFFIONG

An Uyo High Court presided over by Justice Ntong Ntong has awarded N2.5 million damages against one Inspector Mbuk-iduhe Isaac.

Isaac is a serving Police Officer at the Police Area Command, Ikot Ekpene and one other, for unlawful detention of a woman, Emem Uwem Patrick.

They detained the woman over ownership of her father’s property situated at number 6, Library Avenue, Ikot Ekpene. 

Justice Ntong, in a one-hour judgment delivered on Monday, November 8, 2021, said his concern was not about who owns the property, but the illegal arrest and detention of the applicant.

According to the judge, the arrest was a breach of her fundamental rights. 

The court argued that although the complainant has legal right to report to the Police, in carrying out such constitutional duties, the police are not permitted to jettison the rule of law. 

Justice Ntong held that Inspector Mbuk-iduhe Isaac surrendered himself to the first respondent, one Ndifreke Bassey Ekponobong as a willing tool for the psychological torture and harassment of the applicant to intimidate her to succumb and relinquish her alleged father’s property. 

The court ordered Ekponobong to compensate the applicant with the sum of N1 million, while Inspector Isaac, is to compensate her with the sum of N1.5 million, totalling N2.5 million for the breach of her fundamental right. 

Justice Ntong held that since the Police Area Commander, Ikot Ekpene, who is the 4th respondent in the matter, had advised Inspector Isaac against meddling into a civil matter, but he failed to obey the lawful order of his superior, Inspector Isaac was personally liable for his disobedience and must bear the brunt and consequences of his insubordination. 

He further held that it was not the law that anyone should use the state apparatus to perpetuate illegality. 

Justice Ntong said Inspector Isaac took advantage of the absence of the Area Commander to embark on nefarious activities by arresting and detaining the applicant on a civil matter of ownership of the property to the extent that he personally supervised the demolition of the applicant’s place of business to assist the first respondent, Ndifreke Bassey Ekponobong to recover her alleged father’s property. 

The court commended the Police Area Commander, Ikot Ekpene, ACP Nasiru Bello Kan Karofi, for respecting the rule of law in carrying out his constitutional duties.