The Abuja Court of Appeal has dismissed the appeal by the Inspector General of Police and Federal Police Commissioner for Counter-Terrorism against a 2018 ruling on Charlie Boy.
The ruling was then handed down by the current Chief Justice of the Federal Supreme Court, Justice John Tsuho.
Tsoho awarded N50million as exemplary damages against the police for violently disrupting a peaceful protest led by the activist, whose real name is Charles Oputa.
Oputa and others, sponsored by Our Mumu Don Do, gather at the Fountain of Unity in Abuja on August 8, 2017.
They demanded the resignation of President Muhammadu Buhari on the grounds that he had traveled to the United Kingdom for medical care and had stayed for more than 90 days.
In FHC/ABJ/CS/343/2018 lawsuit filed on March 29, 2018, by his attorney Inibehe Effiong, Charly Boy gave an account of how about 100 policemen dispersed protesters with tear gas, hot water cannons and wild police dogs.
The 72-year-old recalled that the assault was so severe that he collapsed and was taken to hospital.
On October 22, 2018, Judge Tzuho said that there was no evidence that miscreants broke into or stormed the protest venue and that the protesters were not violent in any way.
But the police, through her lawyer OM Atoyebi (SAN), filed a notice of appeal on October 23, 2018, asking the Court of Appeal to set aside the ruling.
In the appeals court, a three-man panel that ruled unanimously rejected the police appeal and affirmed the Federal Supreme Court’s ruling.
Judge Jumbo-Ovo, who read the main verdict, agreed with Charlie Boy’s lawyers that the musician had established his case with reliable, convincing and irrevocable evidence.
Therefore, the Court of Appeal reaffirmed the ruling of the Federal Supreme Court and insisted that the police pay Charlie Boy the sum of 50 million naira.
The police were also ordered to make written apologies in two national newspapers and to pay N100,000 as the cost of the procedure.
Ifong and his colleague SM Oyeji Esk praised the Court of Appeal for its decision, which they said would strengthen democracy in Nigeria.
The Court of Appeal insists that the police pay Charly Boy N50m to disrupt the protest against Buhari