The Court of Appeal in Abuja has upheld a judgement delivered by the current Chief Judge of the Federal High Court, Justice John Tsoho, ordering the Nigerian Police Force to pay a sum of N50 million to Charles Oputa, a.k.a Charley Boy.
OsunDaily News reports that the Court dispelled an appeal by the Inspector-General of Police and Federal Capital Territory FCT Commissioner contesting Justice Tosho’s verdict against the police in 2018.
It will be recalled that Charley Boy and others, under the aegis of Our Mumu Don Do, gathered at the Unity Fountain in Abuja on August 8, 2017, to demand the resignation of President Muhammadu Buhari, who was absent from the country for 90 days on the grounds that he travelled to the United Kingdom(UK) for medical attention.
The police were reported to have dispersed the protesters with tear-gas canisters, hot water cannons and wild police dogs.
In a suit FHC/ABJ/CS/343/2018 filed on March 29, 2018, by Charly Boy’s lawyer Inibehe Effiong, the musician narrated how about 100 policemen dispersed the protesters, adding the assault was so severe that he collapsed and was rushed to the hospital.
Justice Tsoho, On October 22, 2018, held that there was no evidence that miscreants invaded or stormed the protest venue and that the protesters were not violent in any way, therefore awarding N50 million as exemplary damages against the police for violently disrupting a peaceful protest led by Charley Boy.
However, OsunDaily News understands that the police, through their counsel O. M. Atoyebi (SAN), filed a notice of appeal on 23rd October 2018, asking the Court of Appeal to set aside the judgment.
But a three-man panel at the appellate court in a unanimous judgment dismissed the police appeal and affirmed the judgment of the Federal High Court.
Justice Jumbo-Ofo, who read the lead judgement, agreed with Charly Boy’s counsel that the musician had proved his case with credible, convincing and unchallenged evidence.
The appellate court, therefore, reaffirmed the judgment of the Federal High Court and insisted that the Police must pay Charly Boy the sum of N50 million.
The judgement also ordered the police to tender written apologies in two national newspapers and also pay the sum of N100,000 as the cost of action.
Effiong and his colleague, S. M. Oyeghe Esq, commended the Court of Appeal for its decision which they said would enhance Nigeria’s democracy.
