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Court Awards N10m Fine Against ICPC over Malicious Prosecution

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A Federal High Court, Abuja, yesterday, awarded a N10 million fine against the Independent Corrupt Practices and Other Offences Related Commission (ICPC) over malicious prosecution of a public servant, Emmanuel Ibe.

Justice Inyang Ekwo, in a judgment, held that the ICPC, in the course of the trial, had caused Ibe unnecessary discomfort and disruption in the life and career processing of the worker.

Ibe dragged the anti-corruption commission (defendant) before the court over malicious prosecution.

The plaintiff was, as at September 30th, 2016, the Director, Finance and Administration at the Police Services Commission (PSC) and also the acting secretary of the PSC up to July, 2016.

In the suit marked: FHC/ABJ/CS/379/2019, Ibe asked the court to award in his favour the sum of N500 million as general damages for malicious prosecution.

Ibe averred that in April 2016, while his curriculum vitae was being considered by the Presidency for appointment as the substantive secretary to the PSC, the commission, in a bizarre manner, invited the him to make written statement under words of caution in respect of a petition written against the Chairman PSC, Dr Mike Okiro about a year ago and which had no reference to him.

He said the ICPC, based on a petition written against him by a staff of PSC, Aaron Kaose, prosecuted him on criminal allegation and charges bothering on corruption, fraud and dishonesty.

He said as a result of the case, his name was dropped and not considered fit for the office of the secretary to the PSC and a permanent secretary was posted from another ministry to replace him.

According to him, pressure was mounted on the PSC and the Head of Civil Service of the Federation to have him suspended from duty pending the outcome of the prosecution.

“But the PSC only yielded to redeployment of the plaintiff from the position of Director Finance and Administration to the position of Director Zonal Office Coordination,” he said.

However, the ICPC prosecuted Ibe up to judgment before an FCT High Court and his counsel defended himself on all the counts and at the conclusion of hearing, the court delivered a judgment and discharged and acquitted him on all the charges.

He said he defended himself in the cad by hiring the services of legal practitioners and incurred legal fees in the sum of N5 million.

Delivering the judgment, Justice Ekwo said that the court made findings on whether the ICPC was able to prove its case beyond reasonable doubt.

“Now, from the judgment of the Court (Exhs. PW1-A9-A34), the prosecution (ICPC) failed to prove its case beyond reasonable doubt.

“This means there was no basis for the prosecution of the plaintiff (Ibe) by the defendant (ICPC) going by the uncontroverted facts of this case.

“In other words, the defendant acted beyond the scope of its statutory duty when it filed a charge against the plaintiff and proceeded to put him through three years of prosecution which ended in his discharge and acquittal at the conclusion of the proceedings.

“This was clearly malevolent.

“I find that the case of the plaintiff succeeds on the merit, and I so hold,” he held.

Ekwo said that on the claim of N500 million against the ICPC as general damages for malicious prosecution, “the principle for the award of general damages has been well enunciated by the court.”

“The primary object of an award of damages is to compensate the plaintiff for the harm done to him or a possible secondary object is to punish the defendant for his conduct in inflicting that harm.

“Such a secondary object can be achieved by awarding, in addition to the normal compensatory damages, damages which go by various names, to wit; exemplary damages, punitive damages, vindictive damages, as where it discloses malice, fraud, cruelty, insolence, flagrant disregard of the law and the like,” he held.

The ICPC had filed a nine-count charge against Ibe on Oct. 21, 2016 and the trial concluded on Feb. 4, 2019.

“This was in my view, about three years after unnecessary discomfort and disruption in the life and career progression of the plaintiff.

“The effect that the prosecution has on the career path of the plaintiff cannot be quantified,” he said.

According to the judge, once malicious prosecution has been established, It comes with consequential damages.

“Upon weighing the circumstance of this case, I make an order awarding the sum of N10,000,000.00 (ten million naira) against the defendant as general damages for malicious prosecution of the plaintiff,” the judge ruled. (NAN)

CRIME

Police Arrest 31,912 Suspects over Criminal Offences in One Year

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The Nigeria Police arrested 31,912 suspects over armed robbery, kidnapping, rape, unlawful possession of fire arms, cultism, murder and other criminal offences in one year nationwide.

The Force Public Relations Officers, ACP Olumuyiwa Adejobi, said this during a media briefing on Wednesday in Abuja.

He said 4,826 of the suspects were arrested over armed robbery, 3,078, kidnapping, 2,479, rape, 1,243, unlawful possession of fire arms, 3,523 cultism, 3,381, murder and 13, 402, other criminal offences.

Adejobi said the force rescued 1,750 kidnap victims, recovered 2,566 firearms, 19,510 rounds of ammunition and 1,475 vehicles/motorcycles nationwide within the period under review.

According to him, the force, also, prosecuted 29,152 criminal cases across the country, with 17,679 of the cases being conclusively dispensed while 11,576 are still ongoing during the period.

He said 51 of the cases were currently under appeal at the respective appellate courts.

“Out of the dispensed cases, an impressive 16,200 have led to the conviction of suspects who have been handed various forms of punishments for their criminal acts,” he said.

Adejobi said operatives of the Intelligence Response Team (IRT) of the Nigeria Police had recently arrested 19 suspects over criminal activities across the country.

He said five AK-47 rifles; five pump action rifles, 150 live cartridges, one bullet proof jacket, one night vision telescope and vigilante uniforms were recovered from the suspects.

Adejobi added that one torch light, one boot, one AA ammunition, six magazines and 142 AK-47 live ammunition were also recovered from the suspects.

The police spokesman said two of the suspects were arrested over kidnapping through coordinated efforts of IRT operatives and local vigilante groups in Asawa village in Kogi.

According to him, the suspects had received N1 million ransom from their first and second operations, N300,000 from the third and N2 million from the fourth.

He said the suspects were responsible for the series of robberies and kidnappings along Abuja-Okene-Benin road.

The police spokesman said the suspects had been involved in kidnapping for over four years and had orchestrated four successful kidnappings.

He said the criminal activities of the duo came to an end following a fierce gun battle with police operatives, where they were captured after exhausting their ammunition.

Adejobi said AK-47 rifles and magazines were recovered from the suspects.

He said two suspects with over 22 years of “one chance” robbery experience were also arrested by police operatives.

Adejobi said the suspects had demonstrated a mastery of deceptive tactics used in the criminal activities, adding that the duo was identified as persons of interest following interrogations of previous ‘one chance’ suspects.

He said the suspects were arrested in Suleja, Niger by diligent operatives of the IRT.

Adejobi said the suspects would be charged to court upon conclusion of investigation into the cases.

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COVER

Terrorists Kill 12 in Kaduna Market Attack

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From Attah Ede, Makurdi

The Benue State police command yesterday, confirmed the kidnapping of two female students of the Joseph Sarwuan Tarka University Makurdi (JOSTUM).

Daily Asset correspondent learnt that the two victims were kidnapped on Saturday night along the road leading to the university.

The State command Police Public Relations Officer (PPRO), Sewuese Anene who confirmed the incident to newsmen in Makurdi could not reveal the names of the victims and their levels of study.

She admitted that the incident took place on Saturday night about 11pm along North Bank/UniAgric Road Makurdi and said that the incident did not take place within the university campus.

According to her, the unknown gunmen blocked the road, attacked and took the victims before the security operatives could arrive at the scene of the incident.

“The family and school authorities have notified the Command and investigation into the matter is ongoing”, she stated.

When contacted, the deputy registrar, information and public relations of the institution, Mrs. Iwodi, said that she cannot speak to the press unless she gets permission from her boss.

She promised to call back after securing a mandate to speak but she could not call back again and could not be reachable again as at the time of filing this report.

Meanwhile, Police in the State yesterday, have killed three suspected kidnappers, arrested one person and rescued two victims during a gun battle with the bandits.

According to a statement in Makurdi by the command spokesperson, Catherine Anene said the Operation Zenda Joint Task Force stormed a kidnapper hideout, and on sighting the police, the gang leader, Tersue Dada, aka “Causer”, engaged the team in a gun duel, but were overpowered by the superior firepower of the police.

Anene, said three suspects sustained gunshot injuries and were later confirmed dead at the hospital, adding that one of the suspects; Terver Tavershima of Tinenune, was arrested in Ukum Local Government Area.

She disclosed that two victims were rescued unhurt.

Anene intimated that the two victims said they were kidnapped from their homes at Ukum about a week ago and the sum of twenty-three million naira was placed on them as ransom to be paid by their families.

The statement quoted the Commissioner of Police, Hassan Steve Yabanet as calling on the good people of Sankera to cooperate with police teams sent to the area, as they continue to take the fight to criminals’ abodes in the area.

Items recovered from the scene include one AK-47 rifle, one Dane gun, assorted phones, a camouflage uniform and a motorcycle.

Terrorists Kill 12 in Kaduna Market Attack

Meanwhile, terrorists yesterday reportedly attacked and killed 12 persons at Maro Junction, a weekly Market in Maro Ward, Kajuru Local Government Area of Kaduna State.

A former chairman of the local government, Cafra Caino, who confirmed the development, said the assailants invaded the market around 3pm yesterday and opened fire.

According to him, 12 bodies have been recovered while 20 others who sustained various degrees of injuries have been taken to a nearby hospital for treatment.

He explained that it was the second time the weekly market had been attacked while business owners and customers transacting businesses.

“The situation is critical and has thrown residents around the area into confusion while they scampered for safety in neighbouring villages.

“Security operatives drafted to the area have already left. We are appealing to the government to deploy security operatives to help restore normalcy,” he said.Meanwhile, the state Police Public Relations Officer, Mansir Hassan, did not respond to calls and text messages sent to him by our correspondent as of the time of filling this report.

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CRIME

Emirship: Kano Police Command Assures Adequate Security

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The Police Command in Kano State on Monday assured the people of Kano State of adequate security in the face of the tussle over the Emirship seat.

Its Commissioner, Mr Usaini Gumel, gave the assurance during an interview with the News Agency of Nigeria (NAN) in Kano.

“We are battle ready to deal with any person or group of people tampering with the peaceful atmosphere our state is known for.

“We have the ability and capacity to provide required security measures in our areas of supervision, ’’ he told NAN.

He warned individuals, who intend to bring thugs into Kano from other parts of the country, to have a rethink, saying that the command would deal decisively with the situation.

He reminded the public that the Constitution of Nigeria was clear about the responsibility of the police in providing internal security for Nigerians.

“The police will not condone any act that can lead to chaos or violence in Kano State.

“Adequate security personnel have been deployed to arrest anyone who attempts to disrupt the peace or break the law in the state,’’ Gumel said.

He reminded the residents of the state that no one was permitted to carry dangerous weapons around the Emir’s palace and Nasarawa, the Emir’s residence.

“Rigorous stop-and-search and patrols are being conducted across all parts of the dissolved five Emirates,’’ he said.

He urged residents to provide credible information to assist the police to respond swiftly to any situation that could breach peace in the state. (NAN)

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