6th June, 2013
A woman, Miss Joy James, has dragged the Lagos State Commissioner of Police, Umaru Manko before an Ikeja High Court over her continued detention in police custody for over 20 days without trial.
Joined in the suit are the Inspector General of Police, Mohammed Abubarkar and the officer in charge of Special Investigation Bureau, SIB, Ikeja.
The suit filed on behalf of Joy James by Barrister Samuel Nwaji, is seeking for the enforcement of her fundamental human right and damages for unlawful detention.
In a motion filed before the court, Nwaji contended that the detention of his client for a period of over 20 days without bail, trial or arraignment before a court of competent jurisdiction, is a violation of his client’s right to personal liberty as guaranteed under section 35 of the Nigerian Constitution.
Nwaji further contended that an alleged N750,000 fraud case for which his client is being detained, is a bailable offence, and that the police has no legal right to refuse her bail.
He noted that the reasonable thing for the police to do was to charge his client to court instead of detaining her indefinitely without trail.
Urging the court to compel the police authorities to release his client on bail or charge her to court, Nwaji stated that his client has been barred from having access to her family members.
The police authorities are yet to file a response to the suit.