Court quashes DSS appeal against pipeline surveillance contractor, upholds N20m damages
The Court of Appeal in Port Harcourt, Rivers State had dismissed an appeal filed by the Department of State Services (DSS) against a judgment in favor of Mr Richard Abbey, a pipeline surveillance contractor with Shell Petroleum Development Company (SPDC) in Bonny Local Government Area of the state.
In the suit number CA/PH/38/23 between the DSS and two other versus Abbey as appellants and respondents respectively, the presiding judge, Justice D. Z. Senchi, also upheld the N20 million damages awarded against the DSS for wrongfully arresting and detaining Richard Abbey by the federal high court.
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.
After filing a petition for the enforcement of fundamental rights, Abbey, through his lawyer, Ajayi Olusegun, of A. A. Olusegun and Associates, won the case at the Federal High Court in Port Harcourt delivered by Justice E.N Thompson in December 2022, resulting in the N20 million compensation against the DSS in Abbey’s favor.
Following the court’s decision, Ajayi Olusegun hailed the judgment as a victory for justice and emphasized its potential to discourage security agencies from engaging in illegal arrests and detentions.
“On the day our client’s residence was unlawfully entered, he was apprehended, handcuffed, and taken into the custody of the DSS for a period of 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 contest 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,” Olusegun said.
Abbey, following his release from DSS custody had stated that his involvement in an operation against illegal oil activities on November 21, 2021 might have been responsible for his arrest and detention by the DSS.
Abbey, who is the CEO of Ricardo Security Services Ltd, mentioned that his company had received security clearance from the DSS Headquarters in Abuja.
He highlighted his ongoing efforts to combat illegal bunkering activities in Bonny kingdom, suggested that his opposition to a group profiting from environmental degradation in the Niger Delta region could have triggered his ordeal.
