A Federal High Court sitting in Kaduna has awarded N20 million in damages to Mr Awemi Maisamari, President of the Adara Development Association (ADA), over what it described as his unlawful arrest and prolonged detention in 2019 under the Nasir El-Rufai administration.
Delivering judgment in case number FHC/KD/CS/123/2024, the court ruled that Mr Maisamari’s fundamental human rights were violated following his arrest during a town hall meeting addressing violence in Kajuru Local Government Area.
According to court documents, Mr Maisamari was arrested on 16 February 2019 and detained for four days at the now-disbanded Special Anti-Robbery Squad (SARS) facility before being transferred to the Kaduna Correctional Facility, where he remained for 107 days without formal charges.
“The contradictions, the unexplained failure to inform the applicant of the grounds of arrest, and the apparent politicisation of the investigative process severely undermine the respondents’ defence,” the court stated.
The judge awarded N10 million as compensation for the unlawful arrest and another N10 million as general damages for what was described as inhumane treatment and the reputational harm suffered by Mr Maisamari.
Mr Maisamari had accused former Governor El-Rufai of personally ordering his arrest, a claim the court acknowledged but ruled as unproven.
While absolving the Kaduna State Attorney General of wrongdoing, the court commended his legal opinion dated 31 May 2019, which advised that the case be discontinued due to lack of evidence.
The judgement found the conduct of the police and other respondents in breach of Sections 34, 35, and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as relevant international human rights laws.
Among the reliefs granted were declarations that Mr Maisamari’s rights to dignity, liberty, and fair hearing had been violated.
The judge specifically directed the police, the Inspector-General of Police, and the Kaduna State Commissioner of Police to pay the awarded sum and bear the cost of litigation.
