Justice Obiora Egwuatu of the Federal High Court, Abuja, has awarded a N1 million fine against the Independent Corrupt Practices and other related offences Commission (ICPC) for the unlawful detention of former Registrar, Joint Admissions and Matriculation Board (JAMB), Dibu Ojerinde.
Recall that the ICPC arraigned the professor on charges of official corruption and abuse of office.
Ojerinde was arraigned alongside four of his children – Mary Ojerinde, Olumide Ojerinde, Adebayo Ojerinde and Oluwaseun Ojerinde – among other defendants.
The rest of the defendants are six companies linked to him, namely: Doyin Ogbohi Petroleum Limited, Cheng Marbles Limited, Sapati International Schools Limited, Trillium Learning Centre Limited, Standout Institutes Limited and Esli Perfect Security Printers Limited.
However, the Judge on Tuesday, also awarded a N200,000 fine against the ICPC as Ojerinde’s cost of instituting the case.
Egwuatu held that though the rearrest of the ex-JAMB boss on January 26 was legal and lawful based on the search warrant obtained from the chief judge of the court, the anti-graft commission ought to have obtained a detention warrant since Ojerinde would not be immediately arraigned.
He agreed with counsel to the ICPC, Ebenezer Shogunle, that the content of the search warrant specifically stated that Ojerinde, his daughter-in-law and his son, and whatever that was discovered in the premises to be searched should be brought to court.
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The Judge also agreed that though there was a fresh charge against the professor and that the arraignment before a sister court was frustrated due to the court vacation and non-sitting of court at some points, including the refusal of Ojerinde’s daughter-in-law and son to be in court for arraignment, detaining him without an order of detention for the period in custody was a breach of his fundamental rights.
Egwuatu added that it was uncontroverted that there was a pending charge against the applicant in suit number: FHC/ABJ/CR/119/2023, alleging multiple identities, conspiracy to sell and sale of already forfeited property to the Federal Government, multiple identity cards with different names against him.
The Judge however held that Ojerinde “is presumed innocent until he has been proven guilty.”
As to his rights to dignity of person, the court held that the applicant had been unable to prove that his right to dignity of person was breached by the ICPC.
Egwuatu added that he had not been able to show that he was either tortured or brought into forced slavery, among others.
Conclusively, the judge, who declared that Ojerinde is presumed innocent until the court decides, said that his continued detention was unlawful, illegal and a breach of his right to liberty.
He, therefore, ordered that the embattled former registrar be released, with the ICPC paying the sum of N1 million as damages for breach of his fundamental right to liberty, and N200,000 as cost of the suit.
