Baba and the police force are the 1st and 2nd respondents respectively.
A Nigerian man identified as Jeremiah Ebimiewei Oyeghe has dragged the Nigeria Police Force and the Inspector General of Police (IGP), Usman Alkali Baba, to court over his alleged unlawful detention.
Baba and the police force are the 1st and 2nd respondents respectively.
According to a relevant document court obtained by SaharaReporters, Oyeghe was detained in July 2021 by the Nigeria Navy NNS Soroh Yenagoa for a case involving the murder of four Navy officers, conspiracy, kidnapping, robbery, piracy attacks, terrorism & pipeline vandalism.
An affidavit deposed to by a detective in the legal section of the Force Headquarters in Abuja, Blessing Patrick described Oyeghe as kidnapper who was engaged in pipeline vandalism. She accused him of collecting N100 million from SPDC (Shell Petroleum Development Company) contractor after allegedly seizing their boat in October 2019.
The affidavit said after the Navy conducted its investigation, it handed Oyeghe over to the Nigeria Police Force for possible prosecution.
Patrick said Oyeghe was earlier granted bail but when he could not meet its conditions, the police applied in court that he should be remanded and the “court ordered his detention”.
But a letter from his lawyers to the Senior Magistrate Court II, Mararaba-Gurku, Nasarawa State, through the Registrar, dated May 12, 2022, said, “In reference to your letter dated 11th May, 2022, contrary to the IGP letter dated 22nd April, 2022 confirming that the five (5) Remand Orders emanated from this Honorable Court, however having gone through the Court’s records, it is hereby established that the case is not before this Honourable Court as there is no file for it, hence this disclaimer that the said orders did not emanate from this Honourable Court.
“This disclaimer therefore supercedes any other (dis)claim earlier made on this matter.”
However, Oyeghe, through his counsel, S. M. Oyeghe & Co., prayed a Federal High Court sitting in Abuja to declare his detention as a gross violation of his fundamental rights and grant him the sum of N100 million in damages for the breach of the rights.
The document reads in part: "A DECLARATION that the detention of the Applicant by men, officers and agents of the Respondents since around July 2021, and exposing him to all manner of torture, inhuman and degrading treatment constitutes a gross violation of the Applicant's fundamental rights guaranteed and protected by Section 34 (1) (a) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
"A DECLARATION that the detention and continued detention of the Applicant at various police custodies to wit: Bayelsa Command, Yenagoa, FCT Command Garki, Intelligence Response Team (IRT) (Abattoir- defunct SARS Office), Garki Abuja, IGP Monitoring Unit, Borokiri, River State among others since around since around July 2021, till the filing of this suit is unlawful and a violation of his fundamental human rights to personal liberty guaranteed and protected by Section 35 (1) (4)(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
"A DECLARATION that the detention and deprivation of the Applicant from having access to his legal practitioner nor family members is unjustifiable, illegal, unconstitutional, unwarranted and amounts to a violation of the Applicant's fundamental right enshrined in Section 35 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Articles 7 (c)of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.
"AN ORDER directing and/or compelling the Respondents, their men and officers to release the Applicant forthwith.
"AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents or their agents and/or officers from further arresting and detaining the Applicant illegally.
"AN ORDER, directing the Respondents jointly and severally to pay the sum of N100,000,000.00 (One Hundred Million Naira) only as compensation as general /or exemplary damages for the unwarranted infringement of the Applicant's fundamental rights.
Fake 5 Remand Orders_compressed(1) by Sahara Reporters on Scribd