Justice Ezekiel Olayemi Ajayi of Oyo State High court sitting in Kishi judicial division has awarded the sum one million Naira (N1,000,000 ), in favour of Rufai Tajudeen against the Commissioner of Police of Oyo State and Mallam Abdulrafiu Musakir, for unlawful arrest and detention from 18th November 2016 to 25th November 2016.
Delivering the judgement, Justice Ajayi ruled that:
“The law is that the police whose duties as provided in Section 4 of the police act cap 5159 laws of the Federation 1990 do not include the investigation and the settlement of civil or contractual dispute or more popular put the collection of debt or enforcement of civil agreements and contracts. There is no provision in the police act which empowers the police to enforce contractual or collect common debts.
“It is in the light of the above that I hold that the arrest and detention of the applicant at the instance of the 2nd respondent with a view of recovering debt is wrongful and unconditional and consequently, I am of the considered view that the fundamental human right of the applicant has been breached by the respondents.
“Declaration is granted that the arrest and detention of the applicant by the officers of the 1st respondent at its Kishi Division at the instance of the 2nd respondent from 18th November 2016 to 25th November 2016 on the complaint of civil transaction is illegal, unlawful, unconditional, null, void and breach of fundamental rights of the applicant. “.
Justice Ajayi also granted an order of perpetual injunction restraining the respondents and their agents from further arresting and detaining the applicant on the complaint of civil transaction or violating the applicant’s righting whatsoever manner.
There was a civil transaction between the applicant and 2nd respondent in which the 2nd respondent paid a sum of one million only on two instalments into his account and directed him to pay same to Mr. Alobalowo Abass as his investment for 10 per cent monthly returns the money which the applicant claimed to have transferred as shown in exhibit A. But the dispute later arose when Abass Alobalowo failed to remit the agreed 10 per cent but that the 2nd respondent insisted to get his money back.