Court adjourns rights suit against police to July 1
Justice Abdulaziz Anka of the federal high court, Lagos, yesterday adjourned the N5 million fundamental rights enforcement suit filed by the proprietor of D Glory Top Private Schools, Lakowe, Lagos, Mr Ochuko Osusu, against the police to July 1.
The applicant had sued the Inspector General of Police (IGP) over his alleged illegal detention by the police at the State Criminal Investigation Department (SCID),Panti. The proprietor, who is also a cleric, joined the Commissioner of Police, Lagos Command, Deputy Commissioner of Police, (DCID) and one Inspector Solomon Ojo of SCID, Panti as respondents.
When the matter came up yesterday, only the applicants counsel, Mr Kayode Bankole, was in court. The police was not represented. The court noted that there is proof of service of the processes on the respondents. Also, Bankole informed the court that he has a motion for amendment before the court. But the court said it would adjourn to give the respondents opportunity of putting up appearance.
In the motion on notice filed by Bankole on behalf of the applicant and marked as FHC/L/CS/680/16, the applicant is asking the court to declare that his arrest by the police on May 11, 2016 and his subsequent detention till May 19, 2016 is a gross violation of his right to dignity of human person, personal liberty and private life. He noted that those rights are guaranteed by Sections 34(1), 35(1), (3) and 37 respectively of the 1999 Constitution of the federal republic of Nigeria.
The applicant also wants the court to declare that the act of 3rd and the 4th respondents in carting away his documents from the school on May 17, 2016 when he was paraded in handcuff to the said school is contrary to section 34, 1 (a) and 44 (1) of the 1999 Constitution as well as a declaration that the respondents have no powers to close down his school or threaten to shut it down. Apart from praying for a declaration that the respondents have no right to interfere with his legitimate activities, he is equally asking for an order restraining the respondents from further arresting him or threatening to close down his school.
In addition to the monetary damages, the applicant urged the court to order the respondents to tender a public apology for the illegal detention.
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