Akwa Ibom State High Court sitting in Uyo has ordered a Policewoman in the State Police Command, Inspector Iniobong Umoren to pay a commercial tricycle operator, Jeremiah Sunday Udo, the sum of N5m for his unlawful arrest and for impounding his tricycle which he bought on hire purchase in the sum of N1.9m.

The court also ordered the first Respondent, Mr. Udoka David, owner of the Tricycle (aka Keke) to pay Jeremiah Udo (applicant) another N5m for instigating the Police to arrest and detain him for five days without food and water.

The court presided over by Justice Ntong Ntong gave the order on Thursday while delivering judgment on an application for the enforcement of the fundamental rights brought before it by Jeremiah Udo who hails from Ikono Local Government Area.

The Court, however, extricated the Commissioner of Police, Akwa Ibom State Police Command, Mr. Olatoye Durosinmi, who was joined in the suit as the third respondent, but advised him to warn his officers and men to always carry out their duties within the ambit and purview of the law.

Jeremiah Udo who is a resident of Ifa Ikot Idang in Uyo, had told the Court that he has been fulfilling the hire purchase agreement with Udoka David by paying him N20,000 every week until last year, when the Naira policy crippled the economy resulting in him owing a week returns of N20,000.

He said he was surprised to be ambushed and arrested on February, 12th, 2023, after he had so far paid him eight hundred and fifty-five thousand Naira (N885,000) out of the N1.9m agreed in the hire purchase for full recovery of the tricycle.

Justice Ntong in a one hour judgement wondered why “Inspector Iniobong Umoren quickly impounded the tricycle and handed it over to the first respondent without an order of Court which has the power to interpret the terms of hire purchase agreements between parties and enforce its terms and conditions.”

He said: “the first respondent, Mr. Udoka David took the law into his hands and lured the Policewoman, who also allowed herself to be led into jettisoning the rule of law using the name of Inspector General of Police and the Commissioner of Police to authenticate her unlawful act” which the Court described as “satanic, nefarious and unwholesome antics against the applicant.”

“Because of greed, Inspector Iniobong Umoren usurped the role of the Court and became a law unto herself. Having ncroached on the fundamental rights of the keke man, the law is there to protect the tricyclist from heartless people like Inspector Iniobong Umoren and Mr. Udoka David.

The judge added that he has “read all the processes filed by the parties and discovered that the evidence and documents including the bail bond, the petition and the statements exhibited by the first and second respondents, are doctored and fabricated to mislead the Court.”

The Court therefore ordered “Inspector Iniobong Umoren and Mr. Udoka David in the name of God Almighty, the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria and the Inspector General of Police to release forthwith, the applicant’s tricycle pending when a Court of competent jurisdiction will order otherwise under the hire purchase agreement”. (Saturday vanguard)

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