Court orders ICPC to pay ex-JAMB Registrar N1m for unlawful detention

A Federal High Court sitting in Abuja has awarded a N1 million fine against the Independent Corrupt Practices and other related offences Commission (ICPC) for unlawful detention of the former Registrar of the Joint Admissions and Matriculation Board (JAMB), Prof. Dibu Ojerinde.

The presiding judge, Justice Obiora Egwuatu, in a judgement delivered on Tuesday, June 27, also awarded a N200,000 fine against the ICPC as Ojerinde’s cost of instituting the case.

Justice Egwuatu declared that though the re-arrest of the ex-JAMB Registrar on January 26, 2023, was legal and lawful based on the search warrant obtained from the Chief Judge of the court, the ICPC ought to have obtained a detention warrant since Ojerinde would not be immediately arraigned.

He agreed with counsel to the anti-graft agency, 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.

The judge, who also agreed that though there was a fresh charge against Ojerinde 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, held that detaining him without an order of detention for the period in custody was a breach of his fundamental rights.

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Justice Egwuatu said 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 held that Ojerinde “is presumed innocent until he has been proven guilty”.

On Ojerinde’s rights to dignity of person, he declared that the applicant had been unable to prove that his right to dignity of person was breached by the ICPC.

Justice Egwuatu said he had not been able to show that he was either tortured or brought into forced slavery, among others.

Consequently, the judge, who declared that Ojerinde is presumed innocent until the court decides, said his continued detention was unlawful, illegal, and a breach of his right to liberty.

He, therefore, ordered that the embattled former JAMB Registrar should be released or arraigned immediately.

Justice Egwuatu, who ordered the ICPC to pay the sum of N1 million as damages for breach of his fundamental right to liberty, directed the commission to pay him N200,000 as cost of the suit.

He, however, did not grant other reliefs sought.

The ICPC had accused the ex-JAMB boss of diverting public funds to the tune of N5 billion and was dragged before Justice Egwuatu on 18-count money laundering suit.

Ojerinde was however re-arrested on January 26 by the ICPC operatives while he was heading to his car with one of his sons, after Justice Egwuatu adjourned further proceedings in the charge preferred against him.

The ICPC lawyer had told the court that he was re-arrested on suspicion that he might have committed some other offences not unconnected with the present charges before the court.

He said for this reason, the commission “obtained a warrant of this honourable court dated 6th of December 2022,” for the ex-JAMB Registrar’s re-arrest.

Ojerinde, his three sons, and a daughter-in-law are therefore facing separate charges before Justice Inyang Ekwo of a sister court.

The Star