6th December, 2012
An undergraduate of Nnamdi Azikiwe University, Awka, Anambra State, southeast Nigeria, Emeka Nnagbo alleged to have been unlawfully detained by the Special Anti-Robbery Squad(SARS) at Ikeja, Lagos State has slammed a N10 million suit on the Inspector General of Police.
Joined as the co-respondents are Lagos State Police Command, Officer in charge of SARS and the Investigating Police Officer, Ogbonna Okoro, alleged to have been demanding N1,600,000 gratification before the detained boy can be released.
In an affidavit in support of fundamental right enforcement suit sworn to by the applicant’s brother in-law, Surajudeen Ahmed Mustapha and filed before an Ikeja high court by a Lagos lawyer, Barrister Omobolaji Adejumo, the deponent averred that he got to know of Emeka Nnagbo’s incarceration at SARS through a newspaper publication on 30 September, 2012.
On the strength of that, he said he went there with his friend and a lawyer, Barrister Omobolaji Adejumo to check the veracity of the newspaper report on 2 October, 2012, but before then, the applicant’s sister, Nkechi Ajie had been to the SARS, where she met the investigating police officer, Ogbonna Okoro, who demanded N2 million before the applicant’s bail can be granted.
However, Mr. Mustapha averred further that on getting to the SARS, himself and his friend were arrested and their phones seized, their belt were also removed and they were ordered to be detained by Ogbonna’s team leader on the ground that they were part of the robbery gang. He said they were detained for over an hour and were made to write statement under caution, adding that it took the intervention of Barrister Adejumo to get them released.
Thereafter, when they left SARS, the IPO was alleged to have called the applicant’s sister and started threatening her for calling in a lawyer instead of playing ball with him.
Ogbonna was alleged to have demanded a bribe of N1,600,000 on phone. Subsequently, all conversation between Ogbonna and Nkechi in the cause of demanding for the alleged bribe of N1,600,000 were recorded and the transcript has formed part of the records filed before the Ikeja high court as exhibits.
During the period Ogbonna was also alleged to have demanded and received recharge card of N1,500 on his phone number 08138319820, the number of the recharge card was quoted to be 046121326157 with serial number 9781276462632836.
The applicant averred further that they have already applied to MTN for the call logs of Nkechi to further verify the conversations that have already been transcripted as the applicant believes that the IPO is not interested in any investigation but wants to enrich himself.
Therefore, the applicant is urging the court not only to declare:
•That his arrest and continued detention without charging him to court is unlawful, unconstitutional land gross violation of his fundamental right, but should also restrain the respondent and their agents from further subjecting him to inhuman treatment.
•That the investigating police officer’s request for bribe before charging the applicant to court if any prima facia case of robbery has been established against him is unlawful and gross breach of the doctrine of fair hearing.
The applicant is demanding the sum of N10 million as compensation and aggravated damages plus public apology by the respondent for breach and violation of his fundamental human right.
The application was supported by nine paragraph of affidavit of urgency.