Court Orders Relocation of Seized Vehicle from Cameroonian MP in Calabar
A High Court in Calabar, Cross River State, has issued a significant order for the relocation of a vehicle that was confiscated by the Ikom Divisional Police. The vehicle must now be moved to the headquarters of the Cross River State Judiciary, as directed by the presiding judge, Hon. Justice Theresa Agom of High Court 13. This decision came after a hearing where arguments were presented by both the applicant's and respondents' counsel, leading to an adjournment of the matter to March 31, 2026, for final judgment.
Legal Battle Over Unlawful Detention and Rights Violations
The applicant in this case is Mr. Manghe Romeo Etta, a youth senator for Manyu Division and a parliamentarian in the Cameroonian government. He is seeking substantial damages of N200 million, alleging unlawful detention and a breach of his fundamental rights by Nigerian police officers. According to his legal representative, Barr. Armstrong Takim Achu Esq. of the Centurion law firm in Calabar, the arrest and detention were conducted without proper justification.
During the court proceedings, Achu invoked Order 22, Rule 6(1) of the High Court of Cross River State (Civil Procedure) Rules 2023, arguing that the judge has the authority to grant the applicant's request. He detailed the incident, stating that Etta was detained for over 12 hours and forced to pay N150,000 before being released, without having his vehicle particulars returned. Achu emphasized the legitimacy of the vehicle purchase, asserting, "We bought our vehicle genuinely. Our arrest and detention was unlawful. We have our papers. They never presented one single evidence to prove that vehicle was stolen."
Counterarguments and Diplomatic Concerns
In response, the respondents' counsel, Mr. Nyakno Usenboroh, countered that Etta's arrest was lawful and complied with the 24-hour detention limit. However, Achu challenged this by focusing on the motive behind the arrest, arguing that the violation of fundamental rights depends on the intent of the authorities. Notably, the 1st and 2nd respondents, who were responsible for petitioning and instigating the arrest, were absent from the court hearing.
This absence raised concerns about the potential diplomatic implications of the case. Achu issued a warning, highlighting the need to avoid escalating tensions between Nigeria and Cameroon. He stated, "We don't want a situation where there will be a rift between Nigeria and Cameroon government." The case underscores broader issues of cross-border legal disputes and the protection of individual rights within the judicial system.
The adjournment to March 31, 2026, sets the stage for a crucial judgment that could have significant repercussions for international relations and legal precedents in Nigeria. As the proceedings continue, all parties await the court's final decision on the damages claim and the handling of the seized vehicle.
