
A public interest lawyer, Chief Malcom Omirhobo, has asked the Commissioner of Police, Lagos State Command, to launch an investigation into the alleged confiscation of his client’s motorcycle at Ijesha-Tedo, Lagos by police officers from Cele Express Station or face legal action.
He made the demand in a letter dated October 31, 2023, titled “intention to go to court”.
The lawyer maintained that the action of seizing the motorcycle is a violation of the fundamental right of his client, David Apemiye to own property in respect of a Bajaj Motorcycle with registration number EEY-196-QG.
His words: “We are accordingly requesting that you investigate the matter and ensure that our client’s motorcycle is released to him forthwith with apologies from the Nigerian Police within seven days from the receipt of this letter, failing which we have the firm instruction of our client to without further recourse to you, go to court for the enforcement of his fundamental right.
“Our client is a law abiding citizen and not a commercial motorcycle rider that has violated any law of the land to warrant the violation of his fundamental rights to own property.
“In view of the above, we have gone through the whole laws of Nigeria, particularly the Lagos State Transport Sector Reform Law 2018 and the 1999 Constitution (as altered) and find nowhere where Nigerian citizens are banned from owning private motorcycles for personal use.”
Narrating the circumstances under which the motorcycle was impounded, Omirhobo said Apemiye parked his motorcycle, which he uses for private purposes in front of his uncle’s premises (Chief Pius M. Apemiye) at No. 28, Adesina Street, Ijesha-tedo at about 11:00am to attend a meeting at Ejigbo.
“At about 12:30pm when he came back for his motorcycle, he discovered that it had vanished into the thin air and upon enquiry, he was informed by one of his uncle’s tenants that it had been carted away by Police Officers of Cele Express Police Station.
“Our client visited the Cele Express Police Station to demand for the release of his motorcycle only to be harassed, embarrassed intimidated and walked out of the station at the orders of the Divisional Police Officer (DPO), Mr. Olaore Matthew.
“Consequent upon the above, we were instructed by our client to write a letter for the release of his motorcycle on October 28, 2023, which was served on the said DPO.
“As a follow up, we accompanied our client to the Cele Police Station where we asked for the release of his motorcycle, but the DPO told us that it has already been taken to the Lagos State Environmental Sanitation and Special Offences Units (Task Force) Ikeja, Alausa, on the basis that the Lagos State government has banned the use of motorcycles in Surulere, and therefore, there is nothing he can do,” he narrated.