The Court of Appeal in Port Harcourt, Rivers state, has dismissed an appeal filed by the Department of State Services (DSS) against a judgment 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 unanimous decision, the court presided over by Justice D. Z. Senchi, in suit number CA/PH/38/23 between the DSS and two others versus Abbey, dismissed all issues raised and argued by the appellant.
The court also upheld the N20 million damages awarded by the lower court against the DSS for wrongfully arresting and detaining Richard Abbey.
Abbey, through his lawyer, Ajayi Olusegun, of A. A. Olusegun and Associates, won the rights abuse case at the Federal High Court in Port Harcourt in a judgment delivered by Justice E.N Thompson in December 2022.
Abbey’s residence in Port Harcourt was reportedly raided without a warrant by a group of security personnel, including DSS officials, on July 16, 2022, leading to damage to his belongings and property.
Following the court’s decision, Ajayi Olusegun hailed the judgment as a victory for justice saying it would discourage security agencies from engaging in illegal arrests and detentions.
Olusegun said: “On the day our client’s residence was unlawfully entered, he was apprehended, handcuffed, and taken into the custody of the DSS for 24 days. Subsequently, he initiated legal action to protect his fundamental human rights.
“Neither his family nor myself, his legal representative, were granted access to him during his detention, despite multiple attempts I made to establish contact.
“Following the ruling in his favor on December 6, 2022, the DSS further contested the decision, leading to a legal confrontation in the appellate court. We submitted our response brief, and today, on July 31, a verdict has once again been delivered in favour of Abbey.
”That is to say, and we want to reiterate that the courts are, or is still the last hope of the common man.”