The Detained Man, Taiwo Oyewunmi
Efunroye Tinubu’s Estate: Court Orders Police To Release Attorney
A Federal High Court, Lagos, today, ordered immediate release of one Taiwo Oyewunmi who is being detained at MAN Police Division, WEMABOD Estate, Ikeja over a land dispute.
Oyewunmi who is the attorney for the Estate of late, Madam Iyalode Efunroye Tinubu has been in custody for more that two months.
Justice Nicholas Oweibo, who presided over the court, ordered immediate release of Taiwo, while delivering ruling in an exparte application brought him, by Taiwo’s lawyer, Kayode Bankole, who described his client’s detention as illegal and unwarranted.
It will be recalled that the legal Trustee of the Estate of late, Madam Iyalode Efunroye Tinubu had earlier called on the Inspector-General of Police, Mohammed Abubakar Adamu to release Oyewunmi.
Addressing a press conference, lawyer to the Trustee, Mr. Kayode Bankole, described Oyewunmi’s arrest as illegal and an abuse of his fundamental human rights.
He stated that Chief Magistrate Patrick Nwaka, had rejected police remand application on the ground that the subject matter that led to the arrest of the 45 year-old Taiwo Oyewunmi, was a civil case.
According to him, Oyewunmi was arrested along with his 14 years old son.
He stated that they were arraigned before a Yaba Chief Magistrate Court, Lagos, but, Chief Magistrate, Patrick Nwaka refused the application filed by the Police to remand Oyewunmi in custody.
Refusing the application, the Magistrate maintained that the court will not allow itself to be used as an instrument of victimization.
He argued that, Lagos State Properties Protection Law 2016, forbids the use of Law enforcement agents in respect of any landed property except as provided for under the Sheriff and Civil Process Act or any other Law.
“Besides, the Police had in its legal advice issued on November 20, 2019 and signed by DCP Augustine Sanomi, of the Legal and prosecution section at the Force Headquarters, Abuja, advised that Police officers deployed on the land in dispute at the instance of either of the parties without appropriate court order or due process of the law as provided by the Sheriff and Civil Process Act or other extant law should be withdrawn to avert legal action against the Police”, he added.
According to Bankole, the dispute was before Justice Lawal of the Lagos high court in suit number LD/165/2012, yet the Police went to arrest Taiwo Oyewunmi.
“He was arrested in a commando-like operation, they also arrested his 14 years old son, a secondary school boy. The Police confiscated his telephone and they were handcuffed and paraded on the street like common criminal”, he added.
He stated that, Police legal advice issued on the matter had encouraged parties in the dispute to ventilate their grievances before the court of law and that Police must not used to intimidate others.
The land in dispute forms part of the vast land of late madam Iyalode Tinubu at Alaka Surulere measuring approximately 53.126 hectares, as shown in survey plan No- AOP12125/010/2015/LA dated the 28th day of November 2019.
The Survey Plan was prepared by Herbert Macaulay in 1911 tendered and marked as exhibit A in suit No-124 of 1912 between Fafunmi Vs Apena which said title has been registered as No 45 at page 45 in volume 2212 of the Register of Deeds kept at the Lagos state land registry
Also, speaking on the issue, human rights activist, Dr. Ridwan Adeyemi described that arrest as an adoption since the Police officers were not with warrant of arrest.
“We are citizens of this country and we are not slaves. The police are supposed to be our protector and not to harass us. The IGP’s office is a respectable office but his officers are using police apparatus to oppress us in this country”.
“The Inspector General of Police should order his men to release Taiwo Oyewunmi. His arrest is unjust and it amount to oppression”, he added.
