In a bid to safeguard thier fundamental human rights and secure thier liberty from the Police custody,the duo of Abdulazeez Adeshina Fashola a. k.a.Naira Marley and Samson Balogun Eletu a.k.a Sam Larry have dragged commissioner of Police Lagos State before a Lagos state high Court,
Joined as co-respondents in the suits are, Waheed Ayilara, Deputy Commissioner of Police
Homicide section Panti Yaba Lagos, and His worship Adeola Olatunbosun, Chief Magistrate court 1 Yaba, Lagos
The two applicants, apart from urging the court to order thier immediate release, are also demanding for N20millon each as damages.
In a separate affidavits sworn to by Fashola Babatunde Moshood,Naira Marley’s junior brother and Lukmon Kazeem Bodunrin a relation of Sam Larry in support of the the two separate suits, filed before the court by thier lawyer Barrister Olalekan Ojo SAN the deponents averred that the Applicants are unable to personally depose to this affidavit by reason of thier detention in the custody of the Police at the Homicide Section of the Lagos State Police Command, Panti, Yaba, Lagos by the order granted by Yaba Chief Chief Magistrate court.
When they paid a visit to them at the detention on 26th of October, 2023 the applicants told them and they verily believed them as follows.
That thier travails started on the 3rd and 4th day of October, 2023 respectively when they were arrested by the Police on alleged connection of the Applicants to the death of one Ilerioluwa Aloba aka Mohbad.
On the 4th day of October, 2023 the Commissioner of Police sought for an order in the Magistrate Court, holden at Yaba to remand them for 30 days.
Chief Magistrate Adeola Olatunbosun granted the Police application to remand them for only 21 days in the custody of the Police.
The 21 days remand order granted by the Chief Magistrate Olatunbosun had since lapsed on the 26th day of October, 2023 and the order has not been renewed.
Consequently the Applicants continued arrest, detention and restriction of thier right to liberty and freedom of movement have infringed on thier fundamental rights as citizens of Nigeria.
They have not been indicted in anyway whatsoever in the death of the said Ilerioluwa Aloba a.k.a Mohbad.
That the Applicants has all along cooperated with the Police in the course of their investigation by submitting themselves to the Police and undertake not to interfere with the ongoing investigation, if any, till conclusion of same.
The Applicant undertake not to attempt to influence, interfere with and or intimidate any witness(es), and/or interfere with investigation of the case, if same has not been concluded.
The Applicants further undertake not to undermine or jeopardize the objectives or purpose or the functioning of the criminal justice administration including the bail system.
Consequently It is in the interest of justice to grant the Applicants reliefs as prayed.
That the refusal by the Honourable Court to grant the Applicants reliefs as prayed will cause exceptional hardship to the Applicants.
Consequently, they are seeking the following orders from the court:
A declaration that the continued detention of the Applicants by the Police at the Homicide Section of the Lagos State Police Command,
Panti, Yaba, Lagos State from the 26th day of October, 2023 when the order for the remand was granted by the Chief Magistrate Adeola Olatunbosun at the Magistrate Court, holden at Yaba on the 4th day of October, 2023 had since lapsed and or expired thereby constituting a violation of the Applicants constitutional right to personal liberty and human dignity as guaranteed by Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004.
An order of the Honourable Court releasing the Applicants forthwith.
The sum of N20,000,000 (Twenty Million naira) each as damages for the breach of the Applicants fundamental rights to personal liberty and dignity of human person, as contained in Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004.
No date has been fixed for the hearing of the suit.