Litigant slams N100m suit against IGP, four others over alleged illegal detention
A litigant, Chibuike Clement has dragged the Inspector-General of Police (IGP) and four others to a Lagos High Court over alleged illegal detention.
In the suit, the plaintiff is also praying to the court for an order of perpetual injunction, restraining the Inspector-General of Police (IGP) and four others, from further detaining him beyond the period recognised by the law.
Clement, in his fundamental rights enforcement suit filed before the court by his counsel, Ademola Olabiyi, is asking for N100 million damages against the defendants for allegedly detaining him unjustly and beyond the period recognised by the law.
He further asked the court to restrain the police, agents, privies and servants, from further detaining him or in any way limiting his rights to human dignity, personal liberty and freedom of movement contrary to the provisions of Sections 34(1), 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) respectively.
Aside from the IGP, other respondents in the suit are CP Nneka Ayansinti (COP, PSFU) Milverton, Ikoyi, Lagos; ACP Anthony O. Okosun (team leader); The Lagos State’s Attorney-General and Oladipo Okuntola (trading under the style and name of Aqua 10 Nigeria Limited).
His application was brought pursuant to Order 2 Rule 2 of the Fundamental Rights Enforcement Procedure Rules 2009 Article 5, 6, 7 and 12 of the African Charter On Human and Peoples Rights Ratification and Enforcement Act Laws of the Federation Cap 10 2004, and
Sections 34, 35, 36, 41(1) and 46 1 of the Constitution of the Federal Republic Of Nigeria, 1999.
Other reliefs sought against the respondents are: “A declaration that the first and second respondents have no powers to unlawfully detain him beyond 24 hours under the provisions of the Nigerian Constitution 1999 as amended and that he is continuously held on in police custody even after the refusal of the remand application at the Magistrate’s Court.
The plaintiff stated that, without preferring a charge, he is still in police custody for more than three weeks and this has engendered the violation of his human rights as provided for in Sections 34(1), 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as well as under Articles 4, 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act, Cap 10) Laws of the Federation of Nigeria 2004.
“A declaration that his arrest and detention without justified curse for his detention even after the refusal of the remand order application is illegal and thus contravenes the Constitutional rights of the applicant as provided for in Sections 34(1), 35(1) and 41(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as well as under Articles 4, 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act, Cap 10) Laws of the Federation of Nigeria 2004.
Chibuike, in an affidavit in support of the application stated that “I commenced this suit via a Motion on Notice dated November 14, 2022, for the enforcement of my Fundamental Human Rights, which suit is presently before this Honourable Court.
“That I was arrested in Ghana on the order of the first to third respondents on the instruction of the fifth respondent as of October 19, 2022. I was later brought to Nigeria on October 25, 2022, by men of the second respondent on the instruction of the fifth respondent on handcuff from my place of work in Ghana, like a common criminal.”
He said all his travelling documents have since been taken from him by the men of the second respondent on the order of the fifth respondent, whom he has never come across in his life nor has he done any business with him.
“I have been subjected to serious humiliation and harassment by the men of the second respondent and the fifth respondent, as I was brought out from the cell where I have been kept to the office of the Investigating Police Officer (IPO) Inspector Ezekiel Pankyes, to be questioned by the fifth respondent at about 8:00 p.m. without the presence of my lawyer.
“That from my findings, I was made to know that the fifth respondent had a transaction with one Mr James Abidemi and his company referred to as ‘Diamond Smith De-great Universal Petroleum Corporation’ and that the matter has since been charged to Court in Charge No: FHC/L/483c/2022.”