LAGOS, Nigeria (VOICE OF NAIJA) – The Court of Appeal in Abuja has insisted that the Police pay Charles Oputa, aka Charly Boy, the sum of N50million and an apology for disrupting a peaceful protest he led in 2017.
The Court had on Tuesday, November 15, 2022 dismissed the appeal filed by the Inspector General of Police, Commissioner of Police FCT Command and the Nigeria Police Force against a 2018 judgment delivered by the current Chief Judge of the Federal High Court, Hon. Justice John Tsoho, which awarded the sum of 50 Million Naira as exemplary damages against the police for violently disrupting a peaceful protest led by the musician and activist.
Mr. Oputa had led other activists under the group called Our Mumu Don Do in a peaceful protest at the Unity Fountain on 8 August, 2017 to demand that President Muhammadu Buhari, who at the time, had travelled to the United Kingdom for medical attention and did not return for over 90 days, to either resume or resign.
In suit number FHC/ABJ/CS/343/2018 filed on 29 March, 2018 by human right lawyer, Inibehe Effiong, on behalf of the 72-year-old musician, Charly Boy gave a graphic account of how policemen numbering over 100 from the FCT Police Command invaded the Unity Fountain in Abuja on 8 August, 2017, and attacked him and his group with tear-gas canisters, hot water cannons and wild police dogs during the ‘Resume or Resign’ protest.
Charly Boy further narrated how the attack by the policemen was so severe that he collapsed in the process and was rushed to the hospital. He stated that the Police attacked them because of claims that their protest over Buhari’s absence which had exceeded 90 days on the second day of their daily protest, had gone international and brought serious embarrassment to the country.
Delivering judgment in the case on 22 October, 2018, Justice Tsoho held that there was no evidence that miscreants invaded or stormed the protest venue and that the protesters were not violent in any way. The judge rejected as baseless, the argument of the Police that it acted to maintain peace, law and order.
Dissatisfied with the judgment, the Police, through their counsel and Senior Advocate of Nigeria, O. M. Atoyebi SAN, filed a Notice of Appeal on 23 October, 2018 asking the Court of Appeal in Abuja to set aside the judgment of the Federal High Court.
Delivering judgment in the appeal on Tuesday, a three-man panel of the Court of Appeal in a unanimous judgment, dismissed the appeal and affirmed the judgment of the Federal High Court.
In the lead judgment delivered by Hon. Justice Jumbo-Ofo which was concurred by two other Justices of the appellate court on the panel, the Court of Appeal agreed with the counsel to Charly Boy, Inibehe Effiong, that the musician had proved his case with credible, convincing and unchallenged evidence.
Justice Ofo decried the actions of the officers of the Nigeria Police in using teargas and hot water cannon to disperse the peaceful protesters and described it as acts of impunity. According to the Justice of the Court of Appeal, the officers engaged in “a naked and blatant violation of the rights of the Respondent (Charles Oputa)” to dignity, freedom of expression and peaceful assembly.
The appellate court therefore reaffirmed the judgment of the Federal High Court and insisted that the Police must pay Charly Boy the sum of 50 Million Naira, tender written apologies to him in two National newspapers and also pay the sum of N100,000 as cost of action.
Reacting to the judgment, counsel to Charly Boy, Effiong who represented him in the case alongside his colleague, S. M. Oyeghe Esq, commended the Court of Appeal for its decision which he said will enhance Nigeria’s democracy.