Wed, 08 Nov 2017 12:37:42 +0000
By Chintu Malambo
A TANZANIAN national has sued the State on allegations that he was falsely imprisoned for 54 days after being arrested as he was walking out of Lusaka Correctional prison and has demanded exemplary damages for false imprisonment.
Jaffrey Abdul indicated in a statement of claim filed in the High Court that he was a businessman who frequently conducted business in Zambia.
Mr Abdul claimed that on July 31, 2017 while he was walking out of Lusaka Correctional prison, State agents (police officers arrested and took him to Ridgeway police post without reason.
“I am suing by virtue of section 12 of the State Proceedings Act Cap 71 of the Laws of Zambia for the unlawful actions of the Attorney General, the Zambia Police Service officers who arrested and detained me without justifiable cause.
“On July 31, 2017 while I was walking out of Lusaka Correctional Prison I was arrested and taken to Ridgeway police post without being informed of the reason for arrest,” Mr Abdul said.
He alleged that he was however, charged with conspiracy to commit a felony contrary to section 394 of the Penal Code of the Laws of Zambia after three weeks and that despite weeks of being unlawfully imprisoned he was interrogated and tortured without justifiable reason.
Mr Abdul said that as a result of the unjustifiable detention and torture from police officers, a writ of Habeas Corpus was issued in the High Court before Judge Pixie Yangailo who determined on his legal continued detention upon which he was released as ordered.
Mr Abdul claimed that as a result of his unjustified charge and unlawful incarceration, his dignity was injured and his outlook on society as a reformed person lowered.
Further that he incurred costs of K50, 000 as a result of the unjustified and continued unlawful detention.
However, Mr Abdul demands exemplary damages for false imprisonment, damages for pain resulting from physical, mental and psychological torture, special damages of K50, 000, costs and any other relief that the court may deem fit.
