Three indigenes of Enugu state have dragged the Inspector General of Police, the Police Service Commission, and the AIG Force CID Annex, Enugu to court over their alleged illegal arrest and detention.
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Other respondents in the fundamental human rights enforcement suitt marked EN/CS/FHR/320/25, are the Deputy Commissioner of Police CID Annex, Enugu; Gabriel Ejinaka Nwankwonta, Francis Osita Nwobi, Ben Chukwu, Christian Nwankwo and Theophi Okeji.
The suit was jointly filed before an Enugu State High Court by Charles Uche, Sunday Nwafor and Ebuka Okolie, who are all indigenes of Uhuegu Village in Ugwuleshi Autonomous Community of Awgu Local Government Area.
Specifically, the Plaintiffs are demanding the sum of N100 million compensation and N10 million in general damages over the actions of the police.
They are also seeking a declaration of the court that the incessant harassment, molestation, dehumanising treatments, intimidations, and consequential psychological torture and emotional trauma, inflicted on them by the police and community members who accused them, constitutes a breach of the fundamental rights of the applicants as provided for in sections 34(1a) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Article 5 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004.
The Plaintiffs want a declaration that the persistent threats to arrest and detain the Applicants indefinitely on personal vendetta by the 1st, 2nd, 3rd and 4th Respondents, over their refusal to allow the extortions and intimidations of the 5th, 6th, 7th, 8th and 9th Respondents in the community, amount to a breach or is likely to breach the fundamental nghts of the Applicants as provided for in sections 35(1) and 41, of the Constitution of the
Federal Republic of Nigeria 1999 (as amended) and Articles 6, and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004, and are therefore unconstitutional, unlawful, illegal, wrongful and amount to flagrant abuse of the fundamental rights of the Applicant.
In addition, they are praying for a declaration that the incessant harassment, molestation, dehumanizing treatments, inumidations, and consequential psychological torture and emotional trauma, inflicted on the Applicants, by their constant arrest and indefinite detention and torture by the 1st, 2nd, 3rd and 4th Respondents, at the instigation of the 5th, 6th , 7th and 8th Respondents, for over two days and counting, on personal vendetta, constitutes a breach of the fundamental rights of the Applicants as provided for in sections 34(1a) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Article 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 arrest and detention of the Applicants, while being investigated by the 1st, 2nd, 3rd and 4th Respondents at the instigation of the 5th, 6th, 7th and 8th Respondents, infringes their right to the liberty of human person, contrary to the provisions of section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
“A declaration, that the arrest, detention, and refusal to allow the Applicants access to their Lawyer, and forcing the Applicants to make statements, in the absences of their Lawyer infringes their right as provided in section 35(2&3) of the 1999 Constitution of the Federal Republic of Nigeria.
They want an order restraining the Respondents, either by themselves, agents, privies or whosoever, from further threatening to arrest, detain or from arresting and detaining the Applicants on the basis of the facts and circumstances of this case.
Equally, the Plaintiffs are seeking an order directing each of the Respondents individually, to pay each of the Applicants the sum of One Hundred Million Naira(N100,000,000.00) for the unjustified, callous,
reprehensible, high-handed and wanton breach and threats to breach the fundamental rights of the Applicants.
“An order of Court directing each of the Respondents to pay the Applicants the sum of Ten Million Naira(N10,000,000.00) as general damages.
“An order of Court, directing the 5th, 6th, 7th, 8th, and 9th Respondents, to publish a wntten apology to the Applicants, for the vengeful, inhuman, and degrading treaunents meted out on the Applicants. , Interest on the entire judgment sum, commencing from the date of delivery of judgment in this matter, till the whole judgment sum is fully liquidated.
The applicants contended that their arrest and detention arose from their refusal to be levied for a road project which, they argued, had already been commenced by a philanthropist from a neighbouring village.
Uche alleged that the defendants: Nwankwonta, Nwobi, Chukwu, Nwankwo and Okeji mobilized thugs to extort levies of N20,000 after physically assaulting him, while Nwafor managed to rush to invite the police to arrest the thugs.
However, the police arrested and detained them after the defendants falsely accused them of vandalising the community transformer and being traditionalists who are forcing people to join their sect.
They informed the court that they have been subjected to inhumane and degrading treatment that have not abated despite writing to the Police Service and the Inspector General of Police about the conducts of the DCP, and Force CID Annex Enugu.
No date has been fixed for the hearing.
