Court awards N2.5m damages against police inspector

Harrison Okon

An Uyo High Court presided over by Justice Ntong Ntong has awarded N2.5m damages against one Inspector Mbuk-iduhe Isaac, a serving Police Officer at the Police Area Command, Ikot Ekpene and one other, for unlawful detention of a woman, Emem Uwem Patrick over ownership of her father’s property situate at number 6, Library Avenue, Ikot Ekpene.

Justice Ntong in a one-hour judgment delivered on Monday, November 8, 2021, Justice Ntong Ntong said his concern is not about who owns the property, but the illegal arrest and detention of the applicant 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 Ndifreke Bassey Ekponobong to compensate the applicant with the sum of one million Naira, while Inspector Mbuk-iduhe Isaac, is to compensate her with the sum of one point five million naira, totalling two point five million Naira, for the breach of her fundamental right.

Justice Ntong held that since the Police Area Commander, Ikot Ekpene, who is the4th 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 Mbuk-Iduhe Isaac is personally liable for his disobedience and must bear the brunt and consequences of his insubordination.

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

Justice Ntong said Inspector Mbukiduhe 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.