By Onyewuchi Ojinnaka
Justice Muslim Hassan of the Federal High Court, sitting in Lagos Nigeria has fixed December 3, 2020 to hear a N5 million fundamental rights suit against the Nigeria Police over wrongful and unlawful detention of Mr Obiadi Johnbosco Sunday for over seven days.
Obiadi Johnbosco Sunday was an original complainant whom the police later labelled as an accused in a simple commercial and contractual transaction 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 from the law firm of Messrs Dania & Associates on behalf of the detainee, Mr. Obiadi Johnbosco Sunday.
In a four-point affidavit of urgency filed before the court on behalf of the applicant/detainee, the police had illegally and unlawfully detained the applicant over a simple commercial and contractual transaction involving him and Mr Nonso.
The applicant/detainee is said 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 applicant argued that the court has the power to release him from the police who are “attempting to negatively exploit judicial process to foist injustice on the applicant, saying the Police took him in handcuff to the Magistrste Court to seek remand warrant to justify the continuous wrongful and illegal detention of the Applicant”.
It was averred that the applicant/detainee was arrested and detained since November, 2020 without being granted either admnistraive bail or arraigned before a Court of competent jurisdiction.
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. It contends that the action of the police contravenes Section 35 of the 1999 Constitution.
It also prayed for 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/ detainee.