Adeolu Adeyemo
An Osun state High court, sitting in Ilesa, has ordered the state commissioner of police, Cp Kehinde Lounge, to arrest and remand the Inspector General of police Usman Alkali Baba to Ilesa correctional services, Ilesa.
Justice Dr. A. A Aderibigbe gave the order on March 14th, 2023 following an application brought before him in Suit No: HIL/M.4/2023 filled by some individuals on several arrests, detention, and molesting by Nigeria Police Force in the town.
In calling for their fundamental rights, Ismaila Oyawola, Hammed Ajiboye, His Royal Majesty Oba Solomon Komolafe, Oyawola Morufu, Lekan Akeem, and Bright Benjamin approached the High court that the respondents in the case had declared the arrest, continuous detention & molestation of the 2nd and 3rd applicants on 25 January 2023 by the 2 and 7 respondents on the promptings and unjustifiable allegations made by the 1st respondents is unlawful.
Also in their petition are “continuous harassment, the threat of arrest, and detention meted out on the 1, 4, 5, and 6 applicants since the 25th January 2023 till date by the 2 and 7 respondents on the prompting unjustifiable allegations made by the 1st respondent,
“The forceful seizure and continuous detention of the 4th, 5th & 6th applicants’ respective vehicles (Toyota Camry with registration no. LSR 605 HN, Toyota Camry and Hyundai Sonata with registration. no. KTU 374 HP) since the 26 January 2023 till date by the 2 and 7 respondents without any justification.
However, the applicant described the act by the respondents as a gross violation of the applicant’s fundament rights to dignity of their human person, personal liberty, fair hearing & freedom of movement as guaranteed by the constitution of the federal republic of Nigeria as amended.
The applicants also made an order of perpetual injunction restraining the respondents by themselves or through their assigns, agents, or representatives from inviting, arresting, detaining, molesting, or otherwise creating, interfering with, and/or violating in any manner however the applicants’ fundamental rights to dignity of their person, personal liberty, fair hearing, freedom of movement and right to own moveable property in Nigeria as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended in connection with any complaint or allegation made by the 1 respondent or any other person relating to, or connected with the evacuation of the 1″ respondent’s condemned and abandoned scrap metal (excavators) from Igun village by the applicant on the lawful authorization of Osun state government and subsequent sale thereof.
“Mandating the respondents jointly and severally to pay forthwith to the 2 and 3 applicants the sum of N50,000,000.00 (fifty million naira only) being general and aggravated damages for the gross violation of the 2 and 3 applicant’s fundamental rights as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended.
“Mandating the respondents jointly and severally to pay forthwith to the 1, 4, 5th & 5 applicants the sum of n10,000,000.00 (ten million naira only) being general and aggravated damages for the gross violation of their fundamental rights as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended.
Respondents in the case are Mr. Jona, Inspr. Anthony Nwambara, Dcp Tunji Disu (Commander, Igp-irt, Abuja), Assistant Inspector-general Of Police, Force Intelligence Bureau, Abuja, Commissioner Of Police, Osun State, Acp Uchenna Anionwo (Area Commander, Ilesa Command) And Inspector-general Of Police.
After reading the motion and hearing the applicant’s counsel, R.T Kolawole Esq prayed to the court to grant all the reliefs sought while the respondents were absent and not legally represented haven seen the proof of service in the court file.
Justice Dr. A.A Aderibigbe then ordered as followed “I have listened to the above application, and I have perused the processes contained in the file, there is evidence before the court that all the respondents were served with the application variously on 03/02/2023 and 06/02/2023, but they have refused to file any response to this application.
“The law is trite that uncontroverted and unchallenged affidavit evidence by an adverse party is deemed to have been admitted by him, and the court is justified in utilizing the same given the above, I hold that the applicants have successfully proved this case against the respondents. Their case therefore succeeds, and all the reliefs sought are accordingly granted:
“I also order that all the vehicles of the applicants seized by the respondents and presently within the premise of the state C.I.D , the Nigeria Police, Osogbo, Osun state, be released forthwith to the applicants by the respondents or the officer(s)-in charge of the state C.I.D., the Nigeria police, Osogbo, Osun state.
He thereafter adjourned till Monday, march 6, 2023, for a hearing of the pending application for committal.
On the hearing date, the applicants counsel R.T kolawole Esq., moved the application of motion ex-parte ordered for admitting the 2 and 3″ applicants to bail pending the determination of this application.
Also ordered for an interim injunction restraining the respondents by themselves, agents, servants, privies, or otherwise howsoever called from arresting, inviting, detaining, and/or taking further steps in connection with the subject matter of this suit pending determination of this suit and ordered the respondents forthwith to release the aforementioned vehicles to the applicants.
However, Justice aAderibigbe ordered that the 2 and 3 applicants be admitted to bail for one million naira (n1,000,000.00) each and one (1) surety each in the like sum pending the hearing of the application in this suit.
An order of interim injunction is made, restraining the respondents, by themselves, agents, servants, privies, or otherwise howsoever called from arresting, inviting, detaining, and/or taking further steps in connection with the subject matter of this suit pending the determination of this suit.
He said, “I have gone through all the processes filed and served in this case and am satisfied that the respondents were served with all the processes of this court, including the order made by this court on 31/01/2023 and 16/02/2073 it h observed that despite all these proceed orders being served on the respondents, they have deliberately ignored the processes and decided to flout the orders made by this court in view of the above, it is hereby ordered that the 1 and 8th respondents be arrested and committed to the correctional services, Ilesa Osun state.
“This order is to be carried out by the commissioner of police, Osun state the arrested persons are to be produced and arraigned in court on Thursday, 06/04, 2023 for a hearing of the committal proceedings.
