The state’s commissioner of police, Cp. Kehinde Lounge, has been directed to detain Inspector General of Police Usman Alkali Baba and send him to Ilesa Correctional Services, Ilesa, per an order from an Osun state High court sitting in Ilesa.
On March 14, 2023, Justice Dr. A. A. Aderibigbe issued the ruling in response to a petition filed by several individuals in Suit No. HIL/M.4/2023 regarding a number of arrests, detentions, and molestation by the Nigeria Police Force in the area.
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.
The 1, 4, 5, and 6 applicants have been subjected to ongoing harassment, arrest threats, and detention by the 2 and 7 respondents since January 25, 2023, as a result of the first respondent’s first unfounded allegations, according to their petition.
“The 2 and 7 respondents’ unlawful forced seizure and ongoing detention of the 4th, 5th, and 6th applicants’ respective automobiles (Toyota Camrys with registration numbers LSR 605 HN, KTU 374 HP, and LSR 605 HN, respectively) from January 26, 2023, until the present.
The applicant nonetheless characterized the respondents’ actions as a flagrant infringement of the fundamental rights to human dignity, personal liberty, a fair trial, and freedom of movement granted by the revised federal republic of Nigerian constitution.
The applicants also obtained a permanent injunction prohibiting the respondents from, individually or through their assigns, agents, or representatives, inviting, arresting, detaining, harassing, or otherwise interfering with or violating in any way the applicants’ constitutionally protected fundamental rights to their own safety and dignity, to personal freedom, to a fair trial, to freedom of movement, and to own moveable property in Nigeria.
“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 applicants’ fundamental rights as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended.
Mr. Jona, Insp. 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 are the respondents in the case.
R.T. Kolawole Esq. asked to the court after reading the motion and hearing the applicant’s attorney to grant all the reliefs requested since the respondents were not present and were not represented by counsel and had not seen the proof of service in the court file.
Afterwards, Justice Dr. A.A. Aderibigbe issued the following orders: There is evidence before the court that all of the respondents were served with the application in various ways between 03/02/2023 and 06/02/2023, but they have refused to file any responses to this application. I have listened to the aforementioned application and I have read through the processes contained in the file. Given the aforementioned, I hold that the applicants have successfully proven this case against the respondents. It is common practice that uncontested and undisputed affidavit evidence by an adverse party is presumed to have been conceded by him, and the court is justified in using the same. As a result, their case is successful, and all requested relief is granted:
Afterwards, Justice Dr. A.A. Aderibigbe issued the following orders: There is evidence before the court that all of the respondents were served with the application in various ways between 03/02/2023 and 06/02/2023, but they have refused to file any responses to this application. I have listened to the aforementioned application and I have read through the processes contained in the file. Given the aforementioned, I hold that the applicants have successfully proven this case against the respondents. It is common practice that uncontested and undisputed affidavit evidence by an adverse party is presumed to have been conceded by him, and the court is justified in using the same. As a result, their case is successful, and all requested relief is granted:
“I also order that the respondents or the officer(s) in charge of the state C.I.D., the Nigeria Police, Osogbo, Osun state, immediately release to the applicants all of the applicants’ cars that have been confiscated by the respondents and are currently on the premises of that department.
Judge then postponed the hearing on the ongoing application for committal until Monday, March 6, 2023.
On the day of the hearing, the applicants’ attorney, R.T. Kolawole, Esq., filed a motion ex-parte ordering the admission of applicants 2 and 3 to bail until resolution of this application.
A temporary restraining order prohibiting the respondents from arresting, inviting, detaining, and/or taking other actions related to the subject of this lawsuit was also issued, and the respondents were immediately required to release the aforementioned vehicles to the applicants pending the outcome of this suit.
The 2 and 3 petitioners, however, were admitted to bail for one million naira (n1,000,000.00) apiece and one (1) surety each in the same sum pending the hearing of the application in this lawsuit, Judge aAderibigbe ruled.
The respondents are prohibited from arresting, inviting, detaining, or taking other actions in relation to the subject of this lawsuit by themselves, their agents, servants, privies, or in any other way until the outcome of this lawsuit.
He stated, “I have reviewed all of the documents filed and served in this case and am confident that the respondents were served with all of the court’s processes, including the orders made on January 31, 2023, and February 16, 2073. It was observed that despite all of these processes being served on the respondents, they have chosen to disobey the court’s orders, so it is hereby ordered that the 1 and 8t
The Osun State Commissioner of Police is responsible for carrying out this directive. The detained individuals must appear in court on Thursday, June 4, 2023, for a hearing on the committal proceedings.
