15 October 2000

Nigeria: Daura, Ex Police Chief, Dragged to Court

Lagos — A Lagos-based businessman, Mr. Felix Omoniyodo has dragged former Assistant Inspector General of Police, Alhaji Sani Daura Ahmed to a Lagos High Court for allegedly threatening and intimidating the plaintiff.

In a motion on notice brought on behalf of the plaintiff by Mr. Anthony Nwapa, a lawyer with the Constitutional Rights Project, the plaintiff is praying the court for a declaration that it is "unlawful, illegal and an abuse of office for the police force to intimidate, arrest and detain a citizen on the basis of a contractual relationship entered into with another party."

The plaintiff is also seeking a declaration that the undertaking by the applicant to pay the first respondent the sum N500,000 allegedly obtained under threat and intimidation of arrest and detention, violates the applicant's rights to personal liberty, dignity of human person, property and freedom of movement guaranteed under the constitution.

Also, Omoniyodo is praying for a perpetual injunction restraining the respondents or their agents from further threatening, intimidating or interfering with the applicant's enjoyment of his fundamental rights as guaranteed under the constitution and the African Charter on Human and Peoples Rights.

Joined as a respondent in the suit is the Inspector General of Police, Alhaji Musiliu Smith.

The court had earlier granted leave to the applicant to apply for the enforcement of his fundamental rights to liberty. It also made an order for leave to serve the order, motion on notice and all other court processes on the second respondent (IGP) in his Lagos Liaison office at the Force Headquarters.

The Lagos High Court further gave an interim injunction restraining the respondents and or their agents from further threatening and intimidating or interfering with the applicant's enjoyment of his fundamental rights.

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