From: Femi Oyelola in Kaduna
A Federal High Court sitting in Kaduna has slammed N900 million in damages against former Governor of Kaduna State, Mallam Nasiru El-Rufai, and five others on charges of violations of multiple Fundamental Human Rights and arbitrary imprisonment of Adara Elders in Kaduna State, Nigeria.
Justice Hauwa’u Buhari of the Federal High Court, sitting in Kaduna on Tuesday, 27 May 2025, delivered judgment in the case which had Mr. Awemi Dio Maisamari and eight other Southern Kaduna Adara elders as victims of the illegal detention in 2019.
The Judge had earlier in the proceedings ruled against the preliminary objections filed by the Respondents challenging the jurisdiction of the Court, on the claims that the Federal High Court was not the right venue, the time of setting down the case for a hearing exceeded seven days, and that the wrongful imprisonment was in Tort and not Fundamental Human Rights.
The Court found no merits in the Preliminary Objection and proceeded to deliver its judgment.
The Judge granted an order of compensation in the sum of N 900 million against Nasir Ahmad Elrufai for arbitrary arrest which he orchestrated.
The court awarded N10 million in general damages, and another sum of 10 million in special damages against the 3rd-5th Respondents, who are the Nigerian Police Force, the Inspector General of Police, and the Commissioner of Police of Kaduna State.
In an interview, counsel to the Applicant, Gloria Mabeiam Ballason Esq described the judgment as a landmark achievement against abuse of fundamental Human Rights and abuse of power by the former governor Mallam Nasiru Elrufai, stating that the judgment marked a watershed against abuse of power and accountability for abuse whether the occupiers of the office are temporarily shielded by immunity or not.
She contended that the case was filed after Mallam Nasiru Elrufai had left the government, which explains why he was sued in a personal capacity as the first respondent, stating that even when people in authority enjoy immunity, it does not warrant executive lawlessness.
The Applicant, Mr. Awemi Dio Maisamari, who was at the time of his arrest the national President of the Adara Development Association, was arbitrarily arrested during a town hall meeting following the questionable and curious circumstances of the murder of the paramount ruler Dr. Raphael Maiwada Galadima who was kidnapped and murdered while returning from a meeting with Governor El-unfair.
The first Respondent, Nasir Ahmad Elrufai, who was Governor of Kaduna state at the time and had convened the town hall meeting, personally ordered the Police to arrest Mr. Awemi Maisamari after labeling him as ‘part of the security problem’ in Kajuru.
Maisamari, who was arrested and detained along with eight other Adara elders, including a former Commissioner Engr. Bawa Magaji and a former Commissioner of Police were later released after months in detention on the advice of the Attorney General, who found nothing incriminating against them.
When contacted for their reaction to the judgment, Counsel to the respondents declined to comment.
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