The said matter is before an Enugu State High Court presided over by Justice M. Eluke.
An Enugu resident, Mr Cletus Nwebor has sued the Inspector General of Police, Kayode Egbetokun and Enugu State Commissioner of Police, Kanayo Uzuegbu over alleged police harassment in respect of a land matter already in court.
The said matter is before an Enugu State High Court presided over by Justice M. Eluke.
Meanwhile, joined in the suit filed at a Federal High Court in Enugu, on Monday, were the Police Service Commission; the Officer-in-charge of Anti-Cult Base, Mr. Ekeleme; Officer-in-charge Octopus Squad, Mr. Chidiebere Ijiomah and one Paul Oscar Udoji as Defendants.
In the suit numbered FHC/EN/CS/34/2024 - Cletus Nwebor V. Inspector General of Police and 5 others - the Applicant through his lawyers, Olu Omotayo Esq. and Desmond Kakaan Esq, sought an order of the court for the Defendants to pay him N50 million being exemplary damages for their alleged infringement on his constitutional and fundamental rights.
SaharaReporters had reported that some policemen from Zone 13, claiming to be acting on the orders of Egbetokun allegedly extorted the Applicant (Cletus Nwebor) of N500,000 for demanding that his landed property should not be taken from him by one Oscar Udoji and his accomplices.
Since the then-Assistant Inspector General of Police in charge of Zone 13, AIG Tony Oloju directed the refund of the extorted N500,000 to Nwebor, the State Commissioner of Police in Enugu has allegedly vowed that he will jail the Applicant for exposing him.
Among other reliefs sought by the Applicant before the Court are: "A declaration that the continued threat of the 2nd Respondent (The Commissioner of Police) to arrest and send the applicant to jail for writing petitions against him to the 1st and 3rd respondent without the applicant committing any offence known to the law, constitutes a flagrant violation of the applicants’ fundamental rights, guaranteed under section 34, & 36, of the Constitution of the Federal Republic of Nigeria, 1999 and Article 5 & 7, of the African Charter on Human & Peoples Rights, (Ratification and Enforcement Act) Cap A9, Laws of the Federation of Nigeria, 2004 and is therefore illegal, unconstitutional, null and void.
"AN order of perpetual injunction restraining the Respondents, whether by themselves, their agents, privies or otherwise howsoever, from further beating, harassing, intimidating, trailing, scaring, arresting or detaining the Applicant upon the same facts constituting the complaints enumerated in this application or any other manner infringing on the applicants’ fundamental rights.
"N50 million being exemplary, punitive, aggravated, special and general damages against the Respondents for their infringement of the applicants’ constitutional and fundamental rights."
Nwebor in an affidavit of facts in support of the Suit had stated, "Since the 2nd February 2024, at the instigation of the 6th respondent, the 3rd respondent (Commissioner of Police) claimed to be acting on the authority of the 1st respondent (Inspector General of Police) stationed a police van and armed policemen from the Anti Cult Base, Enugu, led by the 4th respondent and were protecting the bricklayers illegally extending and erecting fence from 6th respondent, Oscar Udoji, land to cover the land in dispute in suit No E/484/2023.
"The Civil Rights Realisation and Advancement Network (CRRAN), wrote petitions on my behalf to the 3rd respondent (Police Service Commission) and the Presidency over the abuse of office and interference in a land matter pending in the court by the 2nd respondent (Commissioner of Police). The two petitions are hereby jointly exhibited as “Exhibit A”
"The armed policemen deployed by the 2nd respondent are currently in occupation of the Applicant's land.
"One of the policemen from the Anti Cult Base who was detailed by the 2nd respondent to arrest me told me on the phone on the morning of 8th February 2024, and I verily believed him that I should run away because the Commissioner of Police said once I am arrested, I will be sent to prison for writing petitions against him.
"The DCO Abakaliki Road Police Station Mr. Emenike, is also leading the vindictive attack on me. Mr. Emenike, was among the five police officers who extorted N500,000 from me in respect of this same matter, when the money was transferred into his account sometime in August 2023, before the then AIG Zone 13, Mr. Tony Oloju, ordered the refund of the money."
The applicants further stated: "On the 13th February 2024, my counsel Olu Omotayo Esq. invited some journalists to visit the place and they went there and confirmed the presence of stern looking policemen giving protection to the bricklayers working on the site. The policemen are still there till date.
"There is a pending suit in respect of the land in dispute before Hon. Justice M. Eluke of the High Court of Enugu."
Nwebor further appealed to the court to save him from the Enugu police commissioner.
He accused the police commissioner of jettisoning the laws and rules guiding police activities and dabbling into a matter pending before a court of competent jurisdiction.
He also accused the police commissioner of conniving with his opponent in the court case to “send him to jail on a trumped-up charge".