According to Effiong in a statement on Thursday, Agbede who was instigated by a United States-based couple, Gamaliel Onyeka Onyemaobi and his wife, Shullam Francisca Onyemaobi, vowed not to release those in detention until the set of twins were handed over to them.
Human rights lawyer, Inibehe Effiong, has accused the Abia State Commissioner of Police, Mrs. Janet Agbede, of illegally arresting family members of one Ms. Gift Chinyere Solomon, a surrogate mother of a set of male twins.
According to Effiong in a statement on Thursday, Agbede who was instigated by a United States-based couple, Gamaliel Onyeka Onyemaobi and his wife, Shullam Francisca Onyemaobi, vowed not to release those in detention until the set of twins were handed over to them.
The lawyer wondered why the police boss arrogated to herself the powers to enforce a surrogacy contract and the power to determine custody.
He added that Agbede had flouted the clear provisions of Section 36 of the Nigeria Police Force (Establishment) Act, 2020 which prohibited arrest in lieu to the effect that “A person shall not be arrested in place of a suspect.”
The statement read, “On Sunday, May 1, 2022, heavily armed policemen from the Rapid Response Squad (RRS) of the Abia State Police Command acting on the instruction of the Commissioner of Police, Abia State, went on rampage and arrested family members of Ms. Gift Chinyere Solomon (our client), a surrogate mother of a set of male twins, and took them into their custody after they made illegal and unsuccessful attempts to arrest our client.
“This barbaric action by the Abia State Police Command is instigated by a Nigerian/American couple, Mr. Gamaliel Onyeka Onyemaobi and his wife Mrs. Shullam Onyemaobi, who are determined to forcefully and illegally seize the twins from their genetic and biological mother after she rightfully decided to retain custody of her children following the failure by Mr. and Mrs. Onyemaobi to fulfill the promises they made to her.
“Just for emphasis, it is the eggs of our client that were used for the fertilisation and not that of Mrs. Shullam. This makes our client the genetic and biological mother of the children. The couple who already have five children after abandoning our client while she was pregnant, and did not show reasonable concern for her life, welfare, antenatal and postnatal needs and the needs of the children, suddenly woke up from their slumber, returned to Nigeria and enlisted the services of the police to help them forcefully take the children out of the country.
“Rather than advise the couple to seek redress in court if they have a reasonable cause of action, the Abia State Commissioner of Police, CP Janet Agbede, has arrogated to herself the power to enforce a purported surrogacy contract and the power to determine custody.
“One wonders what the business of the police is in a purely civil matter. What is the business of the police in surrogacy and custody dispute? Why is CP Janet Agbede constituting herself into a court of law? What exactly is her interest in this case? Our client’s family members, namely: Mrs. Ngozi Solomon (mother), Mr. George Solomon (brother) and Ms. Joy Solomon (sister) were arrested and have been detained for the last five (5) days in lieu of our client.
“It is scandalous that despite the talks about police reforms, CP Janet Agbede has flouted the clear provisions of Section 36 of the Nigeria Police Force (Establishment) Act, 2020 which has prohibited arrest in lieu to the effect that “A person shall not be arrested in place of a suspect.” Furthermore, the CP has also disregarded Section 32 (2) of the same Police Act which states that “A person shall not be arrested merely on a civil wrong or breach of contract.” The arrest and continued detention of three members of our client’s family beyond 24 hours is a blatant violation of Sections 35 and 36 of the 1999 Constitution.
“Before issuing this press release, I reached out to CP Janet Agbede but she neither picked nor returned my calls. I also sent her messages but she has not deemed it fit to respond to them. I called the PPRO Abia State on Wednesday, 4th May, 2022, SP Geoffrey Ogbonna, and he simply washed his hands off the case like the Biblical Pontius Pilate and referred me again to CP Agbede.
“I also called the officer-in-charge of the case at RRS in Aba and he arrogantly and ruthlessly told me that there is nothing that anyone can do that will make them to release the innocent detainees except my client appears before them and surrenders her children to Mr. and Mrs. Onyemaobi. It is pertinent to note that the police while arresting our client’s sister, Ms. Joy Solomon, stripped her almost naked, dragged, tortured and brutalised her in the full glare of the public. The detainees are being kept in the most dehumanising conditions.
“The couple who instigated the police to do these nefarious acts would never succeed in recruiting the American police to play this dirty role for them. They did not also seek the services of surrogates in America because of the huge financial implications. They came to Nigeria where they thought they could exploit our client, and where they can easily recruit the services of the Nigeria Police Force to do their bidding.
“We once again call on the Nigerian Government, the Inspector-General of Police, American Embassy in Nigeria, the media, international community and the general public to call CP Agbede to order. We demand the immediate and unconditional release of the detainees and urge the police to stay-off this case and concentrate on the rising crimes in the country.”