Delivering the ruling ,the presiding judge, Justice A.A. Aderibigbe noted that the IGP's disregard for the rule of law is unworthy of a senior federal official and a violation of the 1999 Constitution.
The court order is consequent upon an application in suit no; HIL/M.4/2023 brought by Ismaila Oyawola , Hammed Ajiboye, Oba Temitope Komolafe, Oyawola Morufu, Saka Lekan Akeem and Bright Benjamin Segun on the gross violation of their Fundamental Human Right by the police.
Justice Aderibigbe also mandated the respondents jointly and severally to pay to the second and third applicants the sum of fifty million naira only being general and aggravated damages for the gross violation of their fundamental rights as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended.
The Judge equally ordered the Osun State commissioner of Police to produce the IGP and Mr Jona before the court on April 4, 2023 for hearing of the committal proceedings.
The court also made a mandatory order compelling the police to release the Toyota Camry with Registration number : LSR605 HN, Toyota Camry marked LSR606HN, Hyundai Sonata marked KTU 374HP belonging to the applicants on bond pending the hearing and determination of the suit.
However the court ordered that the 2 and 3 applicants be admitted to bail in the sum of one million naira each and one surety each in the like sum pending the hearing of the application in this suit.
Respondents in the case are Mr. Jona, inspector Anthony Nwabara, DCP Tunji Disu, Assistant Inspector General of Police, Force Intelligence Bureau, Abuja, Commissioner of Police, Osun State and Area commander, Ilesa , ACP Ben Uchenna Anionwo and the Inspector General of Police.
The applicants approached the High court that the respondents had repeatedly arrested, detained and molested the 2nd and 3rd applicants on 25 January 2023 by the 2 and 7 respondents on the promptings and unjustifiable allegations made by the 1st respondents
Council to the applicants, Mr. Rasheed Kolawole had on January 31,2023 filled an order of Interim injunction restraining the Police from continuously arresting, inviting and detaining the second and third applicants in connection with the evacuation of the first respondent’s abandoned metal scrap(excavator) from Igun village or sold by the first complainant on the lawful authorization of Osun state government, pending the determination of the court on the matter.
The counsel to the applicants also demanded that the respondents should pay forthwith to the 1, 4, 5th & 5 applicants the sum of ten million naira only being general and aggravated damages for the gross violation of their fundamental rights as guaranteed by the constitution of the federal republic of Nigeria 1999 as amended.
After reading the motion and hearing the applicant’s counsel, Mr. Kolawole prayed to the court to grant all the reliefs sought while the respondents were absent and not legally represented haven seen the proof of service in the court file.
Haastrup
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