A Federal High Court sitting in Lagos has awarded N10 million in favour of the Managing Director of Capital Oil & Gas Limited, Dr Ifeanyi Ubah, as damages based on a fundamental human rights suit he instituted against the Inspector General of Police (IGP) and three others.
The court, presided over by Justice Chukwujekwu Aneke, also granted an order of perpetual injunction, restraining the police, either acting by themselves or their privies, from harassing, detaining or otherwise infringing on the fundamental rights of Ubah.
While delivering judgment in the suit instituted by Ubah against the IGP and others, Justice Aneke held that on the issue of estoppels, the court was not estopped in any form whatsoever, from hearing the plaintiff’s application. He held that although a similar case might have been adjudicated upon before a brother judge in the same court, the substance and ingredient of both suits were entirely different: “The doctrine of estoppel only operates where the parties are privies. The suit referred to by the respondent which came up before my learned brother, Justice Okon Abang, has no bearing with the instant suit.
“The facts, substance and ingredients of both suits are completely different, I, therefore, hold that the judgment of Abang does not constitute estoppel to this suit” Justice Aneke ruled.
Ubah had filed the suit, claiming N10 billion damages over his detention for 10 days in connection with alleged N43 billion oil subsidy fraud.