Nigeria Content Online

A Federal High
Court in Abuja on Tuesday, ordered the Independent Corrupt Practices
and Other Related Offences Commission (ICPC), to pay N5 million as
damages to Edugie Abigail Abebe, a Permanent Secretary in the Federal
Ministry of Transport for unlawful arrest.

Presiding Judge,
Donatus Okorowo also gave an order of perpetual injunction restraining
the anti-graft agency and the Police from further harassing or
intimidating Mrs Abebe over the same subject matter.

He also ordered the
ICPC to issue a written apology and publish same in at least one of the
three National Newspapers that carried the story of her arbitrary
arrest from office on June 2, 2010.

Operatives of the
commission had stormed the headquarters of the Ministry in Abuja,
arrested, handcuffed and dragged Mrs Abebe from her office on the 6th
floor of the building to the ICPC headquarters for questioning over an
allegation about the award of contracts for the rehabilitation of the
Lagos-Jebba railway lines.

In the course of
its investigations on the matter, the ICPC invited her through a letter
dated June 2, 2010, to report to their office on June 7, 2010, but the
ICPC team leader, Wellington Nkemadu who went to serve her the letter,
was angered when staff of the Ministry denied them direct access to Mrs
Abebe who they said was anchoring a meeting at that time. The men
forced their way into the office and dragged Mrs Abebe out. The judge
held that though the ICPC has a right to do its job, such right must be
exercised in line with the express provisions of the constitution.

“Records before the
court indicate that the applicant was not directly investigated since
she was yet to occupy the office when the alleged crime was committed.

“The applicant
having shown by affidavit evidence that her right was breached is
entitled to an enforcement of the rights and the 1st Respondent, ICPC,
is liable to the actions of the 2nd Respondent, Nkemadu, who is its
officer.

“It is hereby
declared that the invasion and forceful dragging of the applicant
through the stair case, treating her like a convict by officers of the
1st respondent led by the 2nd respondent and team of police men whose
chief officer is the 3rd respondent, Police IG, is unconstitutional and
unlawful.

“A person who
suffers wrong in the conduct of another is entitled to damages;
consequently I award N5m as damages against the respondents.

“The 1st respondent is to issue a written apology and publish it in
at least one of the three Newspapers that published the story when the
applicant was arrested,” the judge ruled.