By Jude-Ken Ojinnaka
Justice Chukwujekwu Aneke of a Federal High Court sitting in Lagos on Monday September 25 dismissed all the claims in the enforcement of fundamental rights suit filed by Mr Philip Ihekuna against the Assistant Inspector General of Police and three others.
Philip Ihekuna (applicant) had filed the suit following his alleged arrest, detention, harassment and intimidation by the police (1st to 3rd respondents) acting on the instigation of his employer Shago Payments Limited (powered by Alerzo) (4th respondent).
His application for an order for the enforcement of his fundamental rights was brought under Fundamental Rights (Enforcement) procedure rules 2009.
Respondents in the suit are the Divisional Police Officer (DPO)Ajao Estate Police Station, the Assistant Inspector-General of Police (AIG) Zone Two Onikan, Lagos, Superintendent of Police (SP) Felix Yohanna, and Shago Payments Limited powered by Alerzo.
Delivering judgement on the suit, Justice Aneke held that an order was made to remand the applicant and therefore cannot be a breach of the fundamental rights of the applicant.
On the claim by the applicant that he paid N300,000 to the police for bail, the court held that the applicant was unable to prove the said claim as there was no evidence to support his claim. Consequently, the claim was dismissed.
On the claim for illegal detention for two days 10th and 11th of January, 2022 without charging the applicant to court, the court held that it is illegal .
Consequently, he awarded N250,000 to the applicant.
“The applicant’s case against the respondents is dismissed
“N250,000 is awarded to the applicant for illegal detention on 10th and 11th of January, 2022
” All the claims of the applicant is therefore dismissed” the judge ruled.
Recall that in his Originating Motion the applicant sought the following reliefs:
“A declaration that his arrest and detention from 7th January to 10th January, 2022 by 1st respondent at the instigation of the 4th respondent in connection with an alleged fraud in his company is a violation of his (applicant) right to dignity of the human person, personal liberty and rights to freedom of movement as guaranteed by and under the constitution of the Federal Republic of Nigeria (as amended) and therefore unconstitutional, null and void.
“A declaration that the arrest and detention of the applicant from 10th January to 21st January, 2022 by the 2nd and 3rd respondents at the instigation of the 4th respondent in connection with an alleged fraud in the applicant’s company is a violation of the applicant’s right to dignity of the human person, personal liberty and rights to freedom of movement as guaranteed by and under the constitution of the Federal Republic of Nigeria 1999 and therefore unconstitutional, illegal, null and void.
“A declaration that the collection of the applicant’s iPhone from 7th January to 28th February, 2022 by the 1st respondent at the instigation of the 4th respondent in connection with the alleged fraud in the applicant’s company is a violation of his right to privacy and moveable property as guaranteed by and under the constitution of the Federal Republic of Nigeria 1999 and therefore unconstitutional, illegal, null and void.
“An order restraining the Nigeria Police Force from any further harassment of the applicant Mr Philip Ihekuna which will infringe upon any of his fundamental rights.
“An order compelling the respondents jointly and severally to return to the applicant the sum of N300,000 cash forcibly collected from the applicant by the 2nd and 3rd respondents during the detention of the applicant and subsequent release on bail, the sum being payment for bail.
“An order of perpetual injunction restraining the respondents whether by themselves, their privies, agents, servants and other law enforcement agents howsoever named, from arresting, detaining, threatening to arrest and detain the applicant or in any manner whatsoever, harassing or/and intimidating the applicant in connection with the 4th respondent’s complaint/petition.
“The sum of N80 million jointly and severally against the 1st to 4th respondents as damages for the violation of the applicant’s fundamental rights to the dignity of the human persons, personal liberty, right to freedom of movement and deprivation of right to possession of moveable property as guaranteed by and under the constitution of Federal Republic of Nigeria 1999(as amended)
“And for such further order(s) as this honourable court may deem fit to make in the circumstances.
