Lawyer sues IGP, PSC seeking stoppage of arrests before investigation

A human rights lawyer, Douglas Ogbankwa, has approached the Edo State High Court to stop the Nigeria Police Force (NPF) from arresting suspects before investigation.

The lawyer, in an originating summons in a suit marked: B/83OS/2023, involving NPF; Police Service Commission (PSC); Sandra Palmer Agho and Victor Nna as 1st, 2nd, 3rd and 4th Respondents, respectively, have set the stage to determine a judicial precedence as to whether NPF can arrest before investigation.

In the Fundamental Human Rights proceedings, the applicant, Ogbankwa, sought to distill five judicial questions bothering on unlawful arrest and detention.  The lawyer also sought a declaration that the unlawful arrest and detention of the applicant for several hours on February 8 and March 27, under a trumped-up petition, in a matter the applicant acted as lawyer and not a party, despite a standing order of the Inspector General of Police (IGP) before the first unlawful arrest, that the Commissioner of Police, Edo State, should deal with the issues in the matter, is a violation of the applicant’s fundamental rights to his personal liberty, freedom of movement and right to dignity of the human person for which damages and compensation inures  against the 3rd and 4th Respondents  in favour of the applicant.

Ogbankwa also sought a declaration that “IGP cannot make two counter orders over the same matter without reference to the earlier one, and without adducing reason for latter order.

“An order setting aside the order of IGP, exercised through his Principal Staff Officer, CSP Abdulkadir Idris, in this matter dated February 28, which contradicts earlier one issued over the same matter dated February 1 without any new facts arising and reference to the earlier order.

“Declaration that under the Police Act 2020 and the Constitution of the Federal Republic of Nigeria, the 1st Respondent, under the guidance of the 2nd Respondent is empowered by law to investigate before arrest, except the suspect is about to abscond, or there is prima facie evidence against the suspect, and that the practice of arresting before investigation, without the exceptions indicated above, is a violation of the Fundamental Human Rights of the applicant and other Nigerian citizens.”