School proprietor sues Police for N5m over alleged rights violation

The proprietor and director of D Glory Top Private Schools, Legasa Phase 11, Lakowe, Lagos, Pastor Ochuko Osusu has slammed a N5million fundamental rights enforcement suit at the Federal High Court, Lagos against the Inspector General of Police over his alleged illegal detention by the Police at the State Criminal Investigation Department, (SCID) Panti.

The proprietor who is also a cleric joined the Commissioner of Police, Lagos Command, Deputy Commissioner of Police, (SCID), and one Inspector Solomon Ojo of SCID, Panti as respondents.

In the motion on notice filed by the applicant’s counsel, Kayode Bankole and marked as FHC/L/CS/680/16, he is asking the court to declare that his arrest by the Police on May 11, 2016 and his subsequent detention till May 19, 2016 is a gross violation of his right to dignity of human person, personal liberty and private life.

He noted that those rights are guaranteed by sections 34(1), 35(1), (3) and 37 respectively of the 1999 Constitution of the Federal Republic of Nigeria.

The applicant also wants the court to declare that the act of 3rd and the 4th respondents in carting away his documents from the school on May 17, 2016 when he was paraded in handcuff to the said school is contrary to section 34, 1 (a) and 44 (1) of the 1999 Constitution as well as a declaration that the respondents have no powers to close down his school or threaten to shut it down.

Apart from praying for a declaration that the respondents have no right to interfere with his legitimate activities, he is equally asking for an order restraining the respondents from further arresting him or threatening to close down his school.

In addition to the monetary damages, the applicant urges the court to order the respondents to tender a public apology for the illegal detention.

In a seven paragraph affidavit deposed to by the application’s brother, Dr. Odiyovwi Osusu, the applicant said he got a phone call on April 22, 2016 from one Mrs. Ogunderu alleging that her three year old daughter has been defiled in school, that she discovered it at home while bathing her daughter.

“They went to private hospital close to the school when Mr. Ogunderu called to demand that the victim be taken to his private hospital – Doreen Specialist Hospital, Ajah, Lagos, which was done but it was from there that the hospital invited the Police from Ajiwe Police Station Ajah.

“The applicant was immediately arrested, his statement taken and detained overnight when he was released on bail on Saturday April 23, and was asked to report from time to time which he did and never jumped bail.