The Court of Appeal in Port Harcourt, Rivers state, has dismissed an appeal brought by the Department of State Services (DSS) against a verdict in favour of Richard Abbey, a pipeline surveillance contractor with Shell Petroleum Development Company (SPDC) in Bonny local government area of the state.
In a majority ruling, the court presided over by Justice D. Z. Senchi, in action number CA/PH/38/23 between the DSS and two others versus Abbey, dismissed all issues made and pleaded by the appellant.
Additionally, the court maintained the N20 million in damages that the lower court had given Richard Abbey for being illegally arrested and detained by the DSS.
In a decision issued by Justice E.N. Thompson in December 2022, Abbey, via his attorney Ajayi Olusegun of A. A. Olusegun and Associates, prevailed in the Federal High Court in Port Harcourt on the rights abuse matter.
On July 16, 2022, a group of security personnel, including DSS officials, reportedly stormed Abbey’s Port Harcourt home without a warrant, causing damage to his property and possessions.
Ajayi Olusegun praised the court’s ruling as a triumph for justice and claimed that it will deter security forces from doing unauthorised arrests and detentions.
What they’re saying
Olusegun stated,
“On the day our client’s apartment was unlawfully broken into and he was caught, handcuffed, and brought into detention by the DSS for 24 days.
“He then took legal action to safeguard his fundamental human rights.
“Despite several attempts to establish communication, neither his family nor I, his legal counsel, were permitted access to him during his arrest.
“After the ruling in his favour on December 6, 2022, the DSS contested the decision, resulting in a legal battle in the appellate court.
” We submitted our response brief, and today, July 31, the ruling was once again in Abbey’s favour.
“We would want to stress once more that the courts represent the common man’s last hope”.
Why this matters?
The substantial damages given to the DSS serve as a deterrent against future unlawful actions by security forces.
It emphasizes the accountability of agencies like the DSS for their actions and the potential consequences of overstepping legal boundaries
In Essence
The successful outcome for Abbey shows the vital role of legal advocacy in protecting citizens’ rights.
It also illustrates the importance of access to justice and the courts as a means for individuals to challenge abuses of power.
The case highlights the ongoing tension between maintaining security and upholding individual rights.
While security agencies have a mandate to protect the nation, this must be balanced with respect for legal processes and human rights
