The Federal High Court in Bauchi has ordered the Bauchi State Government to pay the sum of N100 million in general and exemplary damages and publish a public apology in two national dailies to the former Accountant General of the state, Dr. Saidu Abubakar.
The judgment followed a fundamental rights enforcement suit filed by Dr. Abubakar over what he described as illegal arrest, intimidation, harassment, and detention by state agents in connection to his official duties.
Delivering the judgement in suit No. FHC/BAU/CS/43/2024, Justice Aminu Garba ruled that the action of the respondents, including the Inspector General of Police, Bauchi State Commissioner of Police, Bauchi State Government, State Security Service (SSS), Attorney General of Bauchi State, and the Bauchi State Public Complaint Commission were unconstitutional and a breach of the applicant’s fundamental rights.
The court declared that, “Threat, intimidation, unlawful arrest and detention of the applicant by agents of the respondents with respect to his official duties and functions as Accountant General of Bauchi State is unconstitutional, illegal, unlawful, null and void, and a breach of the applicant’s fundamental Rights pursuant to sections 34(1), 35, 36, 41(1) and 46(1) of the Constitution of the Federal Republic of Nigeria (as amended); Articles 4,5,6 and 12 of the African charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of Federation(LFN 2004).”
The court further ruled that the respondents were not statutorily empowered to direct their agents to harass, intimidate, arrest and detain the applicant without recourse to due process.
The court ruled that the continued detention of the Abubakar from 9 to 25 September, 2024, is a breach of his fundamental right to freedom of liberty, right to movement and the right to dignity of human person.
These, the court held were protected under Sections 34,35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
The judge ruled that the continuous detention of the applicant by the agents of the respondents without trial is illegal, null and void and a flagrant violation of his fundamental right pursuant to Section 35(5) of the constitution of the Federal Republic of Nigeria,1999 (as amended).
It further issued an order of perpetual injection restraining the respondents and their agents from further harass, intimidate, arrest or detain the applicant with respect to the exercise of his statutory duties.
The court then awarded the sum of the sum of N100 million as general and exemplary damages against the respondents jointly, and severally in favour of Abubakar as compensation for the violation of his fundamental rights, harassment, psychological trauma and inconveniences occasioned therefrom.
The court further directed that a public apology be published in two national newspapers within 14 days of the judgment from July 1, 2025, with a formal notification to the applicant.
Additionally, the court struck out the name of the fourth respondent, the State Security Service (SSS) for lack of sufficient evidence against them.
“An order is hereby made striking out the name of the 4 respondent as there is no any case established against them,” court declared.
Efforts to get reactions from the Bauchi State Government proved abortive at the time of this report.
Several calls and messages by our correspondent to the state Attorney General and Commissioner for Justice, Hassan Usman El-Yakub (SAN), as well as the Commissioner for Information and Communications, Hon. Usman Shehu Usman were unanswered at the time of filing this report.
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