Innocent Anaba
28 November 2008
A Federal High Court sitting in Lagos, has granted leave to a Nigerian citizen, Augustine Chinwuko to enforce his fundamental rights, following his arrest and detention for 80 days, by the Police at the Anti Robbery Squad, Force CID, Annex, Lagos.
Citizen Chinwuko, who was arrested on May 18, 2007, in Enugu by the Police and later taken to Force CID, Annex, Lagos, where he was detained and released on August 6, 2007, upon a petition by one Mrs Irene Igbokwe, is contending in the suit, that his arrest and detention for 80 days, without being told in writing of the offence he committed and without being charged to court or admitted to bail, is a violation of his constitutional right, as guaranteed by section 35 of the 1999 constitution. Defendants in the matter, are Mrs Igbokwe, Inspector General of Police, Commissioner of Police-Federal Anti Robbery Squad, Force CID, Annex, Lagos, CSP Frank Kpumoroti, Superintendent Thomas and Sgt. John.
Citizen Chinwuko is also claiming against Mrs Igbokwe, the sum of N10million for initiating his arrest and detention, from May 18, 2007 to , in breach of his fundamental rights and another N10million against the other the defendants, jointly and severally, for his unlawful arrest and detention, from May 18, 2007 to , in breach of his fundamental rights.
He is also praying the court to declare that it is the fundamental right of every Nigerian citizen to be informed in writing of the offence(s) alleged against him, leading to his arrest and within 24 hours of such arrest, to be admitted to bail or charged to court, within two days of such arrest, all of which are guaranteed by section 35 of the 1999 constitution.
He is further contending that any Nigerian, who alleges a breach of his rights as contained in section 35 of the 1999 constitution, is entitled to a public apology and compensation from the appropriate authorities and that he is entitled to compensation and public apology from the respondents for their infringement of his fundamental right as guaranteed by his unwarranted arrest and detention from May 18, 2007 to August 6, 2007, without being admitted to bail and/or charging him to court of law for any criminal offence.
Citizen Chinwuko has averred in 52 paragraph affidavit in support of his motion, that "following my dedication in serving their father Chief P.I. Okeke when he was ill and infirm, Mrs Igbokwe persuaded me to leave my employment in the Civil Service of Anambra State and join her in her company which I did. Mrs Igbokwe employed me in her company, International Hearing Centre Nigeria Limited which company was running a consultancy service for the Nigeria Army Audiological Centre.
I worked for her as a Special Assistant from 1996 to 2002". According to him averment, "in the course of my employment with the 1st respondent, I was loyal and obedient and carried out my assignments with dispatch and due diligence. Due largely to my hard work and diligence, the 1st respondent's company sent me on a course to Germany sometime in 2001.
After the course which lasted about 2 weeks, I came back to Nigeria and promptly reported to my duty post. Sometime in 2002, the 1st respondent alleged that I spoilt two of her vehicles. I denied the allegation and promptly told my boss, 1st respondent that the vehicles were indeed due for over hauling and only broke down".
"Thereafter, 1st respondent started to find fault in anything and everything I did and at a point, she asked me to leave her compound at No. 8, Gabaro Close Victoria Island Lagos. She proceeded to lock up all my property with which I lived in her said house. My property is still being detained in the house and would not release them despite several pleas made to her by me. Sometime in or about May 2007, the 1st respondent made a report to the Nigeria Police alleging that I was threatening her life.
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