Delta Court Awards N30m Damages To Businessman Over Unlawful Arrest
THECONSCIENCE NG reports that A High Court sitting in Asaba, Delta State, has awarded the sum of ₦30 million in damages to Mr. Tobechukwu Cyril Ananweude, a businessman and Chief Executive Officer of Karizma Kraft, over what the court described as his unlawful and unconstitutional arrest and detention by police personnel in connection with a civil contract dispute.
In a landmark ruling delivered by Justice Onome Marshal-Umukoro in Suit No: DTHC/ASB/FR/48/2024, the court held that the arrest and detention of Mr. Ananweude by officers of the Nigeria Police Force, acting on the directives of certain individuals, constituted a gross violation of his fundamental human rights.
The respondents in the suit include the Delta State Commissioner of Police, CP Olufemi Abaniwonda; Mr. Udaya Chidiebere, a private individual; Mrs. Mordi Juliana, a judicial officer; CSP Rex Enwelikwu, DPO of “A” Division Police Station, Asaba; SP Ruth Essang; and Inspector Ifeyinwa Uwakina. The court ordered all six respondents to jointly and severally pay ₦30 million to the applicant and to tender a written apology to Ananweude.
Justice Marshal-Umukoro condemned the arrest of Ananweude over a breach of contract complaint as “unconstitutional, unlawful, illegal, null and void.” She also issued an order restraining the respondents from further arresting, detaining, or otherwise infringing on the applicant’s rights in relation to the said contract dispute.
Ananweude’s counsel, Mr. A.F. Brideba, had told the court that his client was arrested and detained by officers from “A” Division Police Station in Asaba on April 16–17 and again from May 4–6, 2024. He argued that these arrests stemmed from a purely civil matter relating to a contract for interior and exterior decoration work valued at ₦10.3 million.
According to the applicant, Mr. Udaya Chidiebere, who engaged him for the decoration of a property in Asaba, had initially paid ₦8 million but later became uncooperative, issued threats, and resorted to using law enforcement to intimidate him. Brideba alleged that his client and his brother were coerced into signing an agreement under duress during detention.
The applicant further claimed that despite not receiving full payment, he continued work on the project using personal funds and suffered both financial and reputational damages due to the arrests. He also accused Mrs. Juliana Mordi, a staff member of the Chief Magistrates’ Court 1 in Asaba, of abusing her judicial authority to harass him further.
In their defense, counsel for the 1st and 2nd respondents, I.U. Uchechukwu, contended that the applicant failed to complete the job within the agreed timeframe and had demanded more money beyond the initial agreement. They claimed the work done was substandard and incomplete despite a total payment of ₦8 million.
Mrs. Mordi, through her counsel, denied all allegations against her, describing them as malicious and unfounded.
Representing the 3rd to 6th respondents, police counsel Mrs. G.O. Okwegbe, submitted a counter-affidavit wherein the investigating officer, Inspector Ifeyinwa Uwakina, stated that the applicant was arrested following a criminal complaint lodged by Mr. Chidiebere on April 14, 2024. The complaint alleged obtaining money under false pretence, stealing by conversion, and threats to life.
Uwakina told the court that the applicant gave a voluntary statement and was granted bail the same day but remained in custody until April 17 due to his inability to produce a surety.
Despite these counterclaims, the court ruled firmly in favour of Mr. Ananweude, asserting that law enforcement should not be weaponized for civil disputes and reaffirming the rights of citizens against abuse of power by police and judicial official.
