12th January, 2016
Henry Ojelu
A Security Consultant, Olanrewaju Olabinjo has dragged the Commissioner of Police, Lagos State before a Federal High Court in Lagos over his arrest and continued detention at the State Criminal Investigation Department, Panti, Yaba without trial.
Olanrewaju who also owns a textile business was arrested on January 4, 2016 at the State Criminal Investigation Department upon his honouring Police invitation for the third time in a row for being the leader of a security outfit in Ikorodu called ‘Onyaabo’.
The Police is holding him over allegations that he must be aware of the disappearance of one Waheed.
Since his arrest, Olanrewaju has remained in Police custody with no formal charges brought against him.
Joined as co-respondents in the Enforcement of Fundamental Human Rights suit filed on behalf of the applicant by Pinnacle Solution Chambers are Deputy Commissioner of Police, SCID, Panti; Officer In Charge, Homicide Section, SCID, Panti and Sergeant Akpan, Homicide, State CID.
The suit is brought pursuant to Order 1& 2 of the Fundamental Rights Enforcement Procedure Rules 2009; Sections 35, 26 and 46 of the Nigerian Constitution,1999; Articles 4,5,6 and 7 of African Charter on Human and Peoples’ Right and Laws of the Federation of Nigeria 2004.
The applicant is seeking a declaration that his continued detention since January 4, 2016 by the respondents, their agents and privies is illegal, unlawful and unconstitutional as same constitutes a flagrant abuse of his rights as a Nigeria citizen.
Olanrewaju is also seeking a declaration that his continued detention without trial or any lawful order of court is unlawful and an abuse of his human right.
Consequently he is praying the court for an order directing the police to release him unconditionally on the grounds of abuse of police powers, illegality and unconstitutionality of his prolonged incarceration without trial or arraignment before a court of competent jurisdiction.
Olanrewaju is also seeking an order of perpetual injunction restraining the respondents or their agents from further arresting, detaining or infringing on his right.
For his alleged wrongful arrest and detention, Olanrewaju wants the court to grant a N5million damage against the police to him.
In an affidavit of urgency deposed to by one Mohammed Jimoh Esq, the applicant also claimed that his unjustifiable incarceration has brought negative impact on him, his family and business.
No date has been fixed for hearing of the application.