There is a story trending online about how a Facebook (slay Queen) Amanda Chisom “kidnapped” arrested Precious Chiamaka for posting what she called a ‘confidential information’ about one Chinmark Group on Facebook.
The girl Precious Chiamaka was once a staff of the aforementioned company, posted on Facebook how she made over 265 million naira for the company within 10 months. She praised herself for her achievement.
Amanda Chisom who happens to be the brand Ambassador of Chinmark Group saw the post, messaged the girl inbox to pull the post down in a very rude manner, which angered the girl and she refused to pull the story down.
They exchanged bitter words, perhaps threats in the process, reason why Amanda and maybe the owner of the said company, ordered for her (kidnap) arrest.
She arrested the girl through staging a fake business proposal and lured her out
At this time that the kidnapping and killing of young people in the country is on the increase.
Luring someone under the guise of business deal/proposal, and arresting the person afterwards, is equivalent to abduction and kidnapping.
Her friends were worried about her sudden disappearance and could not reach her. Fearing for her life after the story of the young lady that was lured to a home, raped and killed, they raised alarm about her disappearance on social media
It was at the point that Amanda Chisom quickly admitted she was the one who her.
That left everybody with the What if…
What if nobody posted anything about the missing girl?
What if nobody knew she was missing?
What if something untoward had happened to her?
What was the reason for her arrest?
Did the Police even had warrant of arrest before effecting the arrest?
This is not the legal way of arresting someone, according to Section 4 of the Police Act. It is against the protocol of arrest.
Amanda Chisom claimed that Precious threatened to kill someone, which led to her abduction/arrest.
The question is, who did she threaten to kill?
Did Chinmark Group send their Ambassador to arrest their ex-staff?
LEGAL IMPLICATION OF THE ALLEGED ILLEGAL ARREST
According to a legal practitioner, founder and General Counsel of Joint Legal Aids (JLAA), a human rights group, Kingsley Ughe, “It is becoming more common to find civil disputes having Police participation in contravention of the provisions of the existing applicable Laws.
“We have consistently argued that Nigeria is a signatory to both the United Nations Declaration of Human Rights, and the African Charter on Human Rights. Which is why Nigeria has also domesticated both Charters in her local Laws.
“The United Nations Declaration of Human Rights compulsorily require Member States, who are signatories to this Charter, to treat every human being with dignity, and fairly at all times.
“Thus, Article 9 of this Charter provides that ‘No one shall be subjected to arbitrary arrest, detention or exile.’
“The 1999 Constitution of the Federal Republic of Nigeria (as amended) reiterates the above provisions of the United Nations Charter on Human Rights when it guarantees in Section 35 the right of every person to his or her personal liberty except where such liberty is encumbered or restrained or controlled by the due process of the Law; i.e. the execution of a Court Order or Judgment.
“Section 4 of the Police Act empowers the Police to detect and prevent the commission of any crime, apprehend any suspected offender, preserve the Law, protect lives and properties, etc. There is no corresponding powers under any law that permits Police officers to investigate breach of contracts.
“Breach of contract is not a crime or even a tort. Which is why punitive damages are generally not available remedy for breach of contract in courts. The only remedies are to make the non-breaching party whole. And this could be cured by award of general, special and or equitable remedies.
“The personal liberty of Precious and indeed every person is further enshrined in the Administration of Criminal Justice Act, 2015 (“ACJA”) by among other things, guarantee to every person the right to remain silent and not answer any questions until a Lawyer or such other person of the person or suspect’s choice is present.
“In the performance of its duties in this Precious case, the Police must ensure that it adheres to various Human Rights Protection Protocols, some of which include mandatorily informing her of the ground or grounds for an arrest especially where no offence was actually committed in the presence of a Police Officer or tr Precious was fleeing the scene of the commission of an offence or escaping prior lawful custody.
“My advice is that Precious has the constitutional right to remain silent and avoid answering any question until she has consulted a Lawyer or any other person of her choice.
”Arresting Precious for allegedly breaching a contract is an act that could attract a hostile litigation against those who orchestrated this wrongful, illegal and clearly unconstitutional action.
“Nigerian Courts have consistently held that it is unlawful for the Police to be involved in any way, in the interpretation or enforcement of contracts; and of any other civil dispute.
“In the case of McLaren v. Jennings, the Court of Appeal held in 2003 that it was unlawful for the Police to arrest and detain the Appellant with regard to the collection of a debt; this is as under the Law, the Police is not a debt collection Agency.
“In addition to damages being awarded for any unlawful arrest and detention, Precious also has a right, under the Law of Tort, to sue both the Police and the Complainant for malicious prosecution and compensatory damages.”
The lady Precious Chiamaka has been released by the Police.
It’s not known yet if she will press charges or not.
We will keep you informed as the story unfolds.