- Orders Mrs. Ali to tender an apology in a national newspaper
By Lillian Okenwa
For locking up her personal assistant, Ms. Deborah Longs Nanpon in a dog cage for three days, a High Court of the Federal Capital Territory has awarded the sum of N30 million naira as damages against Dr. Mrs. Marianne Ahmadu Ali, wife of a former National Chairman of the Peoples Democratic Party (PDP), Senator Ahmadu Ali.
The court in its judgment of Tuesday 28th March 2023 delivered by Honourable Justice Akanbi-Yusuf agreed with Ms. Nanpon’s lawyers — the International Federation of Women Lawyers, FIDA Nigeria that the Applicant was unlawfully detained by Mrs. Ali and dehumanized by being locked up in a filthy dog cage for three days.
Her Lordship proceeded to grant the declarations sought and awarded N30,000,000.00 (Thirty Million Naira) as compensation to the Applicant along with a publication of an apology in a national newspaper.
Sometime in April 2022, the story broke about how Dr. Mrs. Marianne Ahmadu Ali, wife of a former National Chairman of the Peoples Democratic Party (PDP), Senator Ahmadu Ali dehumanized her Personal Assistant.
Dr. Mrs. Ali had her beaten and locked up in a dog cage for three days without food or water. She was constrained to defecate and urinate on herself in that cage.
Luckily for the victim, the matter got to Ordinary Ahmed Isah of the popular reality radio programme Brekete Family, which is broadcast daily from Abuja on Human Rights Radio and Television.
Ordinary Ahmed Isah then requested the attention of the International Federation of Women Lawyers, FIDA Nigeria which has a standing litigation team.
The organization immediately swung into action and sought the enforcement of the victim’s fundamental human rights as NAPTIP was not keen on prosecuting Mrs. Ali under the Violence Against Persons (Prohibition) Act, 2015 (VAPP Act).
Ogechi Abu of Firstrate Attorneys, a member of the FIDA Nigeria litigation team and FIDA Abuja conducted the matter on behalf of FIDA Nigeria.
Expressing pleasure with the outcome of the matter, FIDA Nigeria conveyed its gratitude to the Court. “FIDA is exceedingly glad and conveys its gratitude to the Court for the quick resolution of the matter as should be the case in the enforcement of fundamental human rights as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990 (As Amended).”
By Originating Motion filed on 4th May 2022, FIDA sought N500,000,000.00 (Five Hundred Million Naira) in damages and an apology in a national newspaper.
FIDA in the Originating Motion filed on 4th May 2022, sought the following reliefs:
- A DECLARATION that the detention of the Applicant at the home of the 1st Respondent by the 1st Respondent between Sunday, 20th March 2022 and Tuesday, 22nd March 2022 without a warrant, court order or legal justification is illegal, unlawful, unconstitutional and a flagrant violation of the Applicant’s fundamental right to personal liberty guaranteed by Section 35(1) (a-f) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990 (As Amended).
2. A DECLARATION that the vicious beatings inflicted upon the Applicant by the 1st, 2nd and 3rd Respondents at the 1st Respondent’s home on Sunday, 20th March, 2022 and her subsequent confinement in the 1st Respondent’s filthy dog cage by the 1st Respondent between Sunday, 20th March 2022 and Tuesday, 22nd March 2022 without a warrant, court order or legal justification is illegal, unlawful, unconstitutional and amounted to torture, cruel, inhuman and degrading treatment in gross violation of the Applicant’s fundamental right to human dignity guaranteed by Section 34(1)(a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 5 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap 10) Laws of the Federation of Nigeria 1990 (As Amended).
3. A DECLARATION that the Applicant’s written undertaking to pay the sum of N1,200,000.00 (One Million, Two Hundred Thousand Naira) to Mr. Idris Salim which was forcefully extracted from the Applicant by the 1st Respondent at the 1st Respondent’s home on Tuesday, 22nd March 2022 without any opportunity given to the Applicant to consult with a legal practitioner of her choice is illegal, unlawful, unconstitutional and of no legal effect whatsoever.
4. AN ORDER setting aside the Applicant’s written undertaking to pay the sum of N1,200,000.00 (One Million, Two Hundred Thousand Naira) to Mr. Idris Salim which was forcefully extracted from the Applicant by the 1st Respondent at the 1st Respondent’s home on Tuesday, 22nd March 2022 without any opportunity given to the Applicant to consult with a legal practitioner of her choice; for being illegal, unlawful, unconstitutional and of no legal effect whatsoever.
5. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st, 2nd and 3rd Respondents whether by themselves or through their agents, servants, privies, employees or howsoever named from further harassing, intimidating and or threatening the Applicant in respect of any matter pertaining to the Applicant’s former employment with the 1st Respondent or for any other reason whatsoever.
6. AN ORDER directing the 1st, 2nd and 3rd Respondents to jointly issue a public letter of apology to the Applicant to be published in ThisDay Newspaper or any other newspaper with national circulation for their violation of the Applicant’s fundamental rights to personal liberty, human dignity, private and family life; and in accordance with Section 35(6) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
7. DAMAGES in the sum of N500,000,000.00 (Five Hundred Million Naira) against the 1st, 2nd and 3rd Respondents for the violation of the Applicant’s fundamental rights to personal liberty, human dignity, private and family life and the pain, anguish, mental, psychological and emotional torture/trauma they inflicted upon the Applicant; in accordance with Section 35(6) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).
A. FACTS UPON WHICH THE RELIEFS WERE SOUGHT
i. The Applicant was a former employee of the 1st Respondent. In the course of her employment, the 1st Respondent accused the Applicant of converting the sum of N1,200,000.00 (One Million, Two Hundred Thousand Naira). The Applicant was detained for 3 days between Sunday, 20th March 2022 and Tuesday, 22nd March 2022; at the home of the 1st Respondent by the 1st Respondent without any lawful justification. She was viciously beaten, humiliated and tortured by the 1st, 2nd and 3rd Respondents before they confined her in a filthy dog cage for 3 days.
ii. Prior to her eventual release on Tuesday, 22nd March 2022, the 1st Respondent and her lawyer Mr. Julius Atanawhemera forcefully extracted an undertaking from the Applicant to pay the said sum of N1,200,000.00 (One Million, Two Hundred Thousand Naira). They did not allow the Applicant an opportunity to consult with a legal practitioner of her choice in making the undertaking. The Applicant was also not given a copy of the undertaking.
iii. Chapter IV of the 1999 Constitution and the African Charter guarantees the Applicant’s right to personal liberty, human dignity, privacy and consultation with a legal practitioner of her choice all of which the 1st, 2nd and 3rd Respondents flagrantly violated.
iv. Premised on the foregoing facts, the Honourable Court was urged to exercise its powers under the provisions of Section 46(1) of the 1999 Constitution and the African Charter to grant the Applicant redress for the Respondents’ violation of her fundamental rights by way of a public apology and monetary compensation pursuant to Section 35(6) of the 1999 Constitution, the FREP Rules, the African Charter and the Inherent Jurisdiction of this Honourable Court.
