From CHARLES ONYEKWERE
Court of Appeal in Enugu has declared the detention of Mr Stephen Egwuatu unlawful and a violation of his fundamental rights.
In a judgement in appeal no. CA/E/2023: Department of State Service, DSS, vs Stephen Egwuatu, the Appeal Court ruled that the detention, challenged by the DSS, following a decision by the Enugu State High Court in suit no. E/37/2022, was wrongful and violated human rights.
On July 4, 2023, the Enugu State High Court declared Egwuatu’s arrest and detention unlawful, describing it as a gross violation of his fundamental rights.
In response, human rights lawyer and counsel for the Indigenous People of Biafra, IPOB, Sir Ifeanyi Ejiofor emphasised that Egwuatu was only 12 years old at the time of his arrest and detention.
Ejiofor stated that although he was arrested on November 8, 2021 and released on November 11, 2021, the court strongly condemned the actions of the DSS for unlawfully arresting and detaining an innocent minor.
It also awarded a cost of N5 million against the DSS.
However, the DSS, through the Enugu State Ministry of Justice, appealed the judgement.
On March 27, the Court of Appeal delivered an unanimous ruling, dismissing the appeal as unmeritorious.
Justice Abdul-Azeez Waziri, who read the lead judgement, upheld the High Court’s decision and reaffirmed the punitive cost awarded against the DSS.
“We give all glory and adoration to God Almighty for this resounding victory. Justice has once again prevailed. The enforcement of this judgment will be pursued to its fullest extent,” he stated.