Hottestgistnaija.com
The Nigerian police has been dragged to court over unlawful arrest, detention and torture of the wife of an Osun school Registrar and her son, Rofiat Oladepo and Abdulahi Oladepo.
The police had raided and arrested the duo over an alleged offence committed by the husband over issuance of school testimonial to Senator Ademola Adeleke.
Rofiyat Oladepo and Abdulahi Oladepo have filed an originating summons against IGP,AIG Adeleye Oyebade,Police Service Commission, ASP John Faluyi and Attorney General of the Federation for the enforcement of fundamental rights to dignity, personal liberty and fair hearing.
Applicants sought the following reliefs from the court namely :
“A Declaration that the Arrest of the Applicants by the Respondents and their agents on proxy for the crime allegedly committed by 1st Applicant’s husband is in contravention of their fundamental right to dignity of human person as guaranteed by section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 5 of the African charter on Human and People’s Rights (Ratification and Enforcement) Act.
“A Declaration that it is unlawful and unconstitutional for the Respondents to arrest and detain the Applicants for the crime allegedly committed by 1st Applicant’s husband for Thirty Three (33) hours on proxy arrest and same is in contravention of their fundamental right to personal liberty as guaranteed by section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
“A Declaration that arrest and detention of the Applicants at Assistant Inspector General Of Police Office Zone XI, Osogbo, Osun State by the Respondents and their agents on proxy is in contravention of their fundamental right to personal liberty as guaranteed by Section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
“A Declaration that the torture of the Applicants at Assistant Inspector General Of Police Office Zone XI, Osogbo, Osun State is in contravention of their fundamental right to dignity of human person as guaranteed by section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 5 of the African charter on Human and People’s Rights (Ratification and Enforcement) Act.
“A Declaration that the Applicants are entitled to damages for the breach of their fundamental rights by the Respondents as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
“An award of N1, 000,000,000.00 (One Billion Naira Only) against the Respondents in favour of the 1st Applicant being the damages for the unlawful arrest, detention and torture of the 1st Applicant.
“An award of N1, 000,000,000.00 (One Billion Naira Only) against the Respondents in favour of the 2nd Applicant being the damages for the unlawful arrest, detention and torture of the 2nd Applicant.
The originating summon was filed today at an Ikirun High Court of Osun state by applicants lawyers,Kanmi Ajibola,Samuel Echeonwu and Musa Abdullahi.The suit number is HIK/18/2019.
Questions submitted to the court for determination are the following:
“Whether the Arrest of the Applicants by the Respondents and their agents on proxy for the crime allegedly committed by 1st Applicant’s husband is not in contravention of their fundamental right to dignity of human person as guaranteed by section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 5 of the African charter on Human and People’s Rights (Ratification and Enforcement) Act.
“For the Respondents to arrest and detain the Applicants by proxy for the crime allegedly committed by 1st Applicant’s husband for Thirty Three (33) hours, whether it is not in contravention of their fundamental rights to personal liberty as guaranteed by section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
“Whether the arrest and detention of the Applicants on proxy is not in contravention of their fundamental rights to personal liberty as guaranteed by section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
“Whether the torture of the Applicants on proxy arrest is not in contravention of their fundamental rights to dignity of human person as guaranteed by section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 5 of the African charter on Human and People’s Rights (Ratification and Enforcement) Act.
“Whether the Applicants are not entitled to damages from the Respondents upon the infringement on their fundamental rights.
