Lagos woman drags Lagos CP, DCP-CID, Panti, 2 officers, 1 other before High Court over illegal arrest, unlawful detention

A Lagos woman, Mrs Shakirat Aramide Gbadebo (50years) has dragged the State Commissioner of Police, Deputy Commissioner of Police (DCP) in charge of State Criminal Investigation Department (SCID) Panti-Yaba, Supol Bamidele and Inspector Bunmi Adeyemo of the D-4 Unit of the same SCID and Mrs Ganiyat Ajoke Shittu over illegal arrest and unlawful detention for complete twelve (12) days without trial in any Court of competent jurisdiction.

She equally, slammed sum of Twenty-Five Million Naira (N25,000,000) on the Police officers as a compensation over the illegal and unlawful act,as part of her prayers before the Court of Law.

Mrs. Gbadebo, who was an Applicant in the Suit N0: IKD/15528MFHR/2023, alleged of owing one Mrs Ganiyat Ajoke Shittu in a business transactions, where all of the aforementioned Police Officers have been joined in the Suit as Defendants/Respondents, alleging of extorting sum of One Million Naira (N1,000,000) from her (Applicant) by the Police, claiming to be debt recovery from her as part of the N5.8million Naira allegedly owed 5th Defendant/ Respondent (Mrs. Ganiyat Ajoke Shittu) which is an unconscionable violation of the right of the Applicant to own movable property and being a serious crime committed by the 1st to the 4th Respondents.

The application was brought before the Court with originating motion in pursuant to Section 34, 35,36,41 and 46(1)&(2) of the 1999 Constitution of the Federal Republic of Nigeria,as amended and Order II Rules 1,2,3, and 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and Section 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Law of the Federation of Nigeria 1990-Articles 4,5,6,7,12,13,14 and 16 of the African Charter on Human Rights and Peoples’ Rights and under the Inherent Jurisdiction of the Court.

In the same vein, a human rights organization, the Centre for Human Rights and Social Justice (CHRSJ) had alleged the same officers from the State Criminal Investigation Department (SCID), Panti-Yaba for recently stormed
the residential house of its Executive Chairman, Comrade Adeniyi Alimi Sulaiman in a braggado manner by arresting him without any prior invitation over a trump-up allegation of wrong payment to the personal account of his wife domicile in Guaranty Trust Bank(GTB).

Although, the group (CHRSJ) had reported the ugly incident of the Police Officers to the Nigeria Police Force (NPF) authorities for disciplinary actions against those alleged officers and the group had already concluded arrangement to charge the illegal arrest and unlawful detention of its Executive Chairman to Court of competent jurisdiction for compensation.

While filling the Suit dated 7th day of June, 2023, before the State High Court, Ikorodu Judicial Division by the Applicant’s Counsel, Barrister Shakiru Omolaja, urged the Court to declare the illegal arrest and unlawful detention of the Applicant for Twelve (12) days by the Police on the order of 5th Defendant (Mrs Ganiyat Ajoke Shittu) without admitting her to bail or formally arraigning her in the Court, as illegal, unlawful, unconstitutional, undemocratic, null and void.

The Applicant Counsel, while supporting his position before the Court, with the case of Afribank (Nig) Plc vs. Oyimah (2004) 2 NWLR(pt.854)654 at 680,Nzeako, JCA,stated thus; “The Police Force is a respectable institution which is entrusted with the security of the country and the people. It is not a debt collector and should never be involved in such services.”

Similar, in the case of McLaren vs. Jennings (2003) 3 NWLR (pt. 808) 470 at 483 – 484,the Court of Appeal stated as follows:”Section 4 of the Police Act which deals with the general duties of the Nigeria Police does not empower the Police to enforce a contract or to collect rents or common debts…..This is not one of the statutory duties of the Nigeria Police”.

“In a democratic Country where institutions and persons are subject to the rule of law, the blatant infringement on the Applicant’s fundamental rights are condemnable. What is constitutionally and professionally expected of the Police, upon the complaint of the Complainant against the Applicant,is to conduct an unbiased investigation to ascertain the veracity of the complaint,and charge the Applicant before a competent Court if it found that the Applicant has a case to answer. It is not for the Police to hang a verdict of guilty on the Applicant without even being formally charged before a competent Court for any established offence.”, the Counsel submitted.

Therefore,the case has been adjourned and it would be coming up on Wednesday 22nd of May,2024 before Hon. Justice Oshodi of High Court 3 in Ikorodu Judicial Division.

For further enquiry

Applicant, Mrs. Shakirat Aramide Gbadebo:- +(2348026999716/+2347040712924)

Applicant’s Counsel, Barrister Shakiru Omolaja:-(+2348023920428/+2348169697807)

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