Illegal Detention: Banker Sues IG, Others, Demands N100m

Wale Igbintade

A banker,  Chibuike Clement has dragged the Inspector General (IG)of Police, before a Lagos High Court, demanding  the sum of N100 million over alleged illegal detention.

Chibuike is also praying the court for an order of perpetual injunction restraining the Defendants, their agents, privies and servants, from further detaining him or in any way limit 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.

The applicant in a fundamental rights enforcement suit filed before the court through his lawyer, Barrister Ademola Olabiyi listed as co-defendants,  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 Ltd).

The applicant is praying the court for a declaration that the first and second respondents have no powers to unlawfully detain him beyond 24 hours under the provisions of Nigerian Constitution as Amended, adding that that he is continuously held in the Police Custody even after the refusal of the remand application at the Magistrate Court.

He stated that the Respondents without preferring a Charge held him at the Police custody for more than three weeks and this have engendered the violations 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.

He is praying the court for “A declaration that his arrest and detention without justified curse 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 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 the unjustified detention for over three weeks of the Applicant by men and officers of the second respondent at the instruction of the fifth respondent is a gross violation of his constitutional Rights as contained 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 the ceaseless harassments and intended humiliations of the Applicant without having committed any crime known to law or suspected to have committed any is unlawful, illegal and unconstitutional.

Chibuike in an affidavit in support of the application stated that he was arrested in Ghana on the order of the first to third respondents on October 19, 2022, and was brought to Nigeria on October 25, 2022, by the men of the second Respondent on the instruction of the fifth respondent handcuffed from his place of work in Ghana like a common criminal.

He stated that his travelling documents have since been taken from him by the men of the second Respondent on, whom he had never met.

He stated: “Ever since I have been detained by the men of second respondent on the instruction of the fifth respondent, I have been subjected to serious humiliation and harassment by the men of 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 8pm without the present 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 ‘Diamond Smith De-great Universal Petroleum Corporation’ and that the matter has since been charged to Court in Charge No: FHC/L/483c/2022.

“That the men of the second respondent in conjunction with the second respondent are asking me to pay for the failed transaction that occurred between James Abidemi and the fifth respondent, the transaction that I do know anything about nor even knowing any of the parties involved.

“That the men of the second respondents for over three weeks have detained me without charging me before any court of jurisdiction but rather applied to the Magistrate Court for a Remand Order which was refused and not granted. And that the second respondents through her men handcuff me from my place of work in Ghana like a ‘wanted criminal’ and ever since detained me without being charged till date but the only approach the men of the second respondent could do was to file a an Application for a Remand Order which was refused by His Hon. Alogba at the Magistrate Court.

“That I have never had contact or any contractual relationship with the fifth respondent nor knowing him from anywhere before this action. And that I am a responsible family man with Children that we all reside in Ghana and as a result of the unlawful detention, psychological torture, by way of handcuff had ridiculed my family especially to my beloved wife and children.

“That I have not committed any offence as no charge has been preferred against me neither have I been told of any offence committed. And that all efforts for my lawyer to get me released on administrative bail were frustrated by men of the second respondent at the instance of the fifth respondent who I have never met nor had any contract with whatsoever.

“That unless the Court grant this Application the first to fifth respondents will continuing breaching my fundamental human right. And that the interest of justice would best be attained by the grant of this application.”