The Federal High Court in Abuja has imposed a fine of N1 million on the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for unlawfully detaining Dibu Ojerinde, the former Registrar of the Joint Admissions and Matriculation Board (JAMB).
Justice Obiora Egwuatu, in his ruling, also ordered the ICPC to pay the sum of N200,000 as a fine, which represents the cost incurred by Ojerinde in filing the lawsuit.
Justice Egwuatu acknowledged that there was an ongoing charge against the former JAMB boss, accusing him of conspiracy to sell, sale of forfeited property, and possession of multiple identity cards with different names. However, he emphasized that Ojerinde is presumed innocent until proven guilty.
The judge further stated that although a fresh charge was filed against the professor and his arraignment before another court was disrupted due to the court vacation and non-sitting, detaining him without a detention order for the entire duration of custody violated his fundamental rights.
Furthermore, the judge determined that while the rearrest of the former JAMB boss on January 26 was lawful, as it was based on a search warrant obtained from the chief judge of the court, the ICPC should have obtained a separate detention warrant since Ojerinde was not going to be immediately arraigned.
As a result, the court declared that Ojerinde’s continued detention was unlawful, illegal, and a violation of his right to liberty. The judge consequently ordered that the ex-JAMB registrar be released immediately or arraigned without further delay.
However, the court clarified that the applicant failed to provide sufficient evidence to support his claim that his right to dignity of person was violated by the ICPC. Ojerinde was unable to prove that he was subjected to torture or forced labor, among other things.
Justice Egwuatu, who ordered the ICPC to pay the sum of N1 million as damages for the breach of his fundamental right to liberty, directed the commission to pay him N200,000 as the cost of the suit.
He, however, did not grant the other reliefs sought.
Ojerinde, in the suit, marked: FHC/ABJ/CS/179/2023 filed before Justice Egwuatu, had sought an order to enforce his fundamental rights, following his re-arrest on January 26 within the court premises and his subsequent detention.
The applicant (Ojerinde) had requested a perpetual injunction to restrain the ICPC and its officers from arresting or detaining him in relation to the ongoing criminal case or from filing an amended charge against him.
He also sought an order for the ICPC to pay him the sum of N500 million as exemplary damages for the violation of his rights to personal liberty, freedom of movement, dignity of the human person, and the presumption of innocence as guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The ICPC had brought an 18-count money laundering case against the former JAMB boss. He was accused of diverting public funds amounting to N5 billion.
However, on January 26, Ojerinde was rearrested by ICPC operatives while he was with one of his sons near his car after Justice Egwuatu had adjourned further proceedings in the case.
