Adeleke sues IGP for alleged wrongful arrest, detention
Adeleke had approached the Osun State High Court, Ikirun, seeking his rights to personal liberty and freedom of movement.
The court presided over by Justice Jide Falola ordered the police not to arrest or detain Adeleke pending the determination of the substantive suit filed before it.
Justice Falola had based his judgement on an earlier court ruling by Justice Inyang Ekwor of the Federal High Court, Abuja, who granted Adeleke leave to travel to the United States of America between May 7 and June 9, 2019 for medical attention.
Falola, who noted that the Federal High Court ruling incapacitated the respondents from arresting or detaining the applicant, added: “A calm, sober and judicial wisdom dictates that I allow the order made by Ekwor of the Federal High Court Abuja in charge No. FHC/ABJ/CR/156/2018 on Friday, May 3, 2019 to operate.
“But on May 6 when the Osun High Court order was made, Adeleke was arrested, detained and arraigned on issues bordering on his West African Examinations Council (WAEC) certificate and testimonial issued by Muslim Grammar School, Ede.
“Adeleke was accused in a five-count charge of presenting fake documents to contest the 2017 senatorial election, which he won by defeating the All Progressives Congress (APC) candidate, Mudashiru Hussein.”
In the fresh suit, Adeleke who dragged the IGP, the Assistant Inspector of Police (AIG), Zone 11, Simon Lough, an Assistant Commissioner of Police (ACP); and John Faluyi, an Assistant Superintendent of Police (ASP); urged the court to further convince the respondents of the order made on the matter.
Counsel to the applicant, Kanmi Ajibola, however, expressed dissatisfaction over the attitude of the police, saying despite that the respondents were duly served, they still went ahead to arrest and detain the senator.
In his ruling, Justice Falola issued Form 48 against the police, asking them to take notice of the consequence of disobedience of court order, adding that they would be guilty of contempt of court “and will be liable to be committed to prison.”