Isaac Shobayo, Jos
The Inspector General of Police (IGP) and three others have been sued by two businessmen, Moses Pam Dalyop and Abdulmumuni Yakubu for allegedly being detained by the police, stretching beyond the constitutional limit.
Also joined as defendants in the suit are DSP Olatunji Disu, the officer in charge of the Police Intelligent Response Team (IRT), Chuangyue Industrial NIG. Ltd and Chen Taohong who is the third to fifth respondents respectively.
The two applicants through their Counsel, Gyang Zi are asking for compensation before the Plateau State High Court to the tune of N10 million for the alleged unlawful detention and incarceration.
They are seeking an order declaring the arrest, humiliation, embarrassment, harassment, and torture detention of the applicants from the 14th of March, to the 15th of March 2023 and still counting as illegal, unlawful and unconstitutional.
The applicants are also seeking an order of perpetual conjunction restraining the Respondents either by themselves, servants, privies, or officers from further arresting, torturing, humiliating, harassing, threatening and or further torturing detaining the Applicants in connection with the case.
However, in the affidavit in support of the originating motion, Mr Daniel Henry Akogwu who claimed to have the consent of the applicants under detention with the defendant pointed out that the first applicant Moses Pam Dalyop is an architect and a contractor whom he contracted to carry out construction for him while the second applicant Abdulmumuni Yakubu is also a businessman who deals in tyres and has been supplying tyres for his company.
Akogwu narrated that the 4th and 5th defendants are business partners who engaged the men of the Police Intelligence Response Team (IRT) to arrest and detain the applicants.
He mentioned that his company, Elispe Industries Limited and the 4th respondent entered into a joint venture agreement sometime in August 2022 where he signed as the Managing Director of Elispe Industries Limited while the 5th respondent and one Mao Jengzing signed as Director of the 4th respondent.
According to him, the Joint Venture of the agreement was executed between Elispe Industries Limited and the 4th and 5th respondents adding that vital documents of the transaction were left in the procession of the 4th respondent.
He further averred that when asked about the document the 5th respondent withhold the documents, admitting that the documents are in their procession and promised to hand them over at a particular date and failed to do so despite all entreaties.
Akogwu said the term of the contract between Elispe and Moa Jengzing was that the former will take 30 percent while the latter will have 70 percent adding that along the line there was a misunderstanding which led to the arrest of two applicants carrying out their lawful duties in the premises of the Elispe Industries Limited.
He said on enquiry about their arrest from the A Division Police Station, he was informed that based on the petition by the 4th and 5th respondents adding that since then they have been in detention.
