A Federal High Court, sitting in Lagos has adjourned till December 3, 2020 to commence the hearing of a N5 million fundamental rights enforcement suit filed against the Nigeria Police Force, NPF, as an original nominee complainant turned to an accused person and detained him for over seven days.
The suit which has Assistant Inspector General of Police, Force CIID, Alagbon, Lagos and Deputy Commissioner of Police, Admin, Force CIID, Alagbon, Lagos as co-defendants, was filed by the law firm of Messrs Dania & Associates on behalf of the detainee, Mr. Obiadi Johnbosco Sunday.
According to a four-point affidavit of urgency filed before the court, on behalf of the applicant/detainee, the police had illegally and unlawfully detained him over a simple commercial and contractual transaction involving one Mr Nonso and the Applicant/Detainee.
The Applicant/Detainee was alleged to have been made to go through mental torture, left shattered, with his family not having anyone to look over them, “all in a bid to force the Applicant improperly to part with money”.
The detainee’s counsel Chief Tony Dania contended that the court has the power to release the Detainee from the police custody who are “attempting to negatively exploit judicial process to foist injustice on him, as Police took him in handcuff to the Magistrate Court to seek remand order, to justify the continuous wrongful and illegal detention of the Applicant”.
The Applicant/Detainee was arrested and detained since 11th of November, 2020 without being granted either administrative bail or arraigned before a Court of competent jurisdiction.
Consequently, the suit is praying the Court to declare that it was wrong and improper for the Police to have arrested and detained the Applicant/Detainee for alleged simple commercial and contractual transaction for 7 days, as this contravenes Section 35 of the 1999 Constitution.
The suit is also praying for the immediate release of the Applicant/Detainee unconditionally and order a payment of N5million only against the Police for general and exemplary damages suffered by the Applicant/Detained.
The presiding judge, Muslim Hassan, has adjourned till December 3, 2020 for hearing.