Ikorodu Family Slams IGP, Others With N50m Suit Over Alleged Breach Of Rights

Ikorodu Family Slams IGP, Others With N50m Suit Over Alleged Breach Of Rights

The family of Dada in Gege-nla village, Agunfoye, Igbogbo, Ikorodu, Lagos State, have instituted a N50 million fundamental rights Enforcement suit against a section of the family, the Inspector-General of Police (IGP) and three others before a Lagos Federal High Court.

The family representatives in the suit numbered FHC/L/CS/411/2021, are; Mr. Kehinde Abass; Mr. Taiwo Poye; Mr. Bolaji Kalejaiye; Chief Olumide Kalejaiye and Mr. Ayomide Abass and Chief Abass Jamiu. While the respondents alongside the IGP are: Mr. Kazeem Sikiru Kalejaiye; Mrs. Taiwo Kalejaiye; and Mr. Sakirudeen Babatunde Thompson.

Others include: the suspended Intelligent Response Team (IRT) boss, DCP Abba Kyari; Southwest Coordinator, IRT, and one Inspector Joshua of IRT Lagos Office.

The applicants’ suit filed by their lawyer, Dayo Abudu is brought pursuant to Order 11 Rule 2 (1), (2), (3), (4) & (5) of the fundamental rights (Enforcement procedure) Rules 2009; Sections 34, 35 and 36 of the Nigerian Construction 1999, Articles 4, 5, 6,7 and 12 of the African charter on human and people’s rights (Ractification and enforcement) Act Cap 10, Laws of Feseration of Nigeria and under the Court’s inherent jurisdisction.

In the suit, the applicants are asking the court for a declaration that the intimidation, harassment, molestation, assault, arrest and detention of the first to third applicants, and threat of arrest and detention of the fourth to sixth applicants by men and officers of the forth to seventh respondents at the instance of the first to third respondents, without any offence having been allegedly committed by the applicants and for no just cause, is a gross violation of the Applicants’ fundamental rights to dignity and personal liberty, guaranteed under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 (Amended), Article 4, 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP 10 Laws of Federation of Nigeria 1990. 

They also asked the court for an injuction restraining all the respondents whether by themselves or their officers, servants, agents, privies or otherwise howsoever from further inviting, threatening the Applicants with further arrest and detention or arresting, detaining, harassing, molesting the applicants or in any manner whatsoever infringing on the Fundamental Rights of the applicants, without committing any offence known to the law and supported by concrete and valid evidence. 

The applicants further asked the court to award the sum of N50 million, as compensation against all the respondents jointly and severally for the breach of their fundamental human rights. 

The applicants in an affidavit deposed to by Mr. Taiwo Poye, the second applicant in the suit, stated that the first, third, fourth, fifth and applicants are the head and principal members of Gege-nla Family of Agunfoye community, Igbogbo, Ikorodu, Lagos State, wherein the sixth applicant is the Baale (Community Head) of the said community. 

He stated that the first to third respondents, who are also members of our family, who intend to strip the sixth applicant of his title for reasons best known to them, and rather than to seek for redress in the court of law, they embark on formenting trouble at their community, to the extent that they had severally reported them to their King, HRH Oba Kasali Orimadegun, being the traditional Ruler of our community and the DPO of Igbogbo Police station, but that never deterred the respondents, as they had severally assaulted them and other members of their family and also engaged some Policemen to intimidate, harass, arrest and detain them over flimsy and unsubstantiated allegations of threat to his life. 

The deponent stated that sometimes on March 10, 2021, around 4pm, the first to third respondents, in company of men and officers of the forth to seventh Respondents, particularly men of the seventh respondent, Inspector Joshua and other fierce looking thugs led by the first respondent busted and forcefully entered into their houses, by breaking the doors and windows to gain entrance and arrested whoever he directed them to arrest and in the cause of their unlawful and barbaric operation, they shot sporadically into the air and harassed, assaulted and arrested himself and the first and third applicants and detained them at FIB-IRT office at GRA, Ikeja, Lagos State. 

The deponent stated that in the Police cell, they were made to sleep on bare floor, denied them of food since they were arrested on the March 10, 2021 until the third applicant’s father came to take them on bail on March 12, 2021. Adding that on getting to the office of the fourth to seventh respondent at GRA, Ikeja, Lagos State, the first applicant was accused of threatening to kill the first respondent, but evidence to that effect was not shown to them, and they were only detained and maltreated and were not allowed to see our family members, who came around to see us, until we were released on bail on March 12, 2021 on the condition that we report at the station every day and bring other members of our family like the fourth to sixth applicants. 

The deponet stated that since it was glaring and obvious that men and officers of the fourth to seventh respondents are abusing the power vested in them by the State to protect the rights of Nigerian citizens, but chose to infringe on their rights by unlawfully arresting and detaining them and threatening to arrest and detain the fourth and sixth applicants, and that the Intimidation and threat of arrest and detention of this kind will continue, and having realized that our fundamental human rights to dignity and personal liberty have been infringed and are likely to be further violated/breached by men and officers of the fourth to seventh respondents, hence the need to institute this legal action to seek for protection of our fundamental human rights. 

He also stated that unless the respondents, particularly the fourth to seventh respondents are restrained, they will continue to abuse the power vested in them by the Police Act to threaten/intimidate us with further arrest and detention. 

At the resumed hearing of the matter on Thursday, applicants’ Counsel, Dayo Abudu, informed the court that all respondents have been served and that his clients’ application is ripe for hearing.

While no legal representative for IGP and fifth to seven respondents, Counsel to first to third respondents, Olofinlade A, admitted that his clients have been served with the applicants’ processes. He however, sought for a short adjoumment on the ground that he was just being briefed and that he needed time to respond to the application.

Following the adjoumment request of the respondents’ Counsel, Justice Chukwujekwu Aneke, adjourned the hearing of the matter to January 25, 2022.