A Federal High Court sitting in Kaduna has awarded N900 million in damages against Nasir El-Rufai, former Kaduna governor and three others for arbitrary arrest and detention of nine Adara elders in 2019.
The suit was filed by Awemi Maisamari, one of the elders and a former President of the Adara Development Association (ADA), for the enforcement of his fundamental human rights.
Awemi in the suit No.FHC /KD/ CS/23/24, which was filed on March 22, 2024, had prayed the court for an order for compensation for the violation of his right to dignity, injury to personal and business reputation, gross loss of business earnings and leadership opportunities totaling N2.3 billion following his illegal arrest and detention by El-Rufai.
Delivering judgment on Tuesday Hauwa’u Buhari, the presiding judge, said the detention of the plaintiff without trial was in violation of his fundamental human rights and ordered that N900m be paid to him as compensation.
The court also ordered the Inspector General of Police, the Kaduna state commissioner of police and the Nigerian Police Force who are respondents in the suit, to pay N10m as general and special damages to the plaintiff.
On February 16, 2019, El-Rufai who was the governor of Kaduna state at the time, ordered the police to arrest Maisamari and eight other Adara elders, accusing them of being behind the crisis in Kajuru Local Government Area where bandits were unleashing mayhem on communities.
They were released on March 30th, 2019, after 43 days in detention without trial.
It was however gathered that El-Rufai who was served through subsituted means never filed any process and did not appeared in court, neither was he represented throughout the proceedings.
In an interview with journalists shortly after the judgment, Gloria Ballason, counsel to the applicant, described the judgement as a landmark achievement against abuse of fundamental human rights and abuse of power by the former governor.
She added that “the judgment marks a watershed against abuse of power and accountability for abuse whether the occupiers of the office are temporarily shielded by immunity or not.”
Ballason said the case was filed after El-Rufai left office, “which explains why he was sued in personal capacity as the first respondent.”
She said “even when people in authority enjoy immunity, it does not warrant executive lawlessness.”
Court slams El- Rufai with N900m compensation for illegal arrest, detention
