An Awka, Anambra State-based businessman, Mr Tochukwu Nwokoye Nwosu, has filed a lawsuit against the commander, police Rapid Response Squad(RRS), formerly SARS, Awkuzu, chief superintendent of police, CSP Ifeanyi Iburu for illegally arresting and detaining him over land dispute.
In the suit marked no. A/MISC. 392/2024 in the High Court of Anambra state, Awka Judicial Division by the law firm of Joe O Eze and Associates on his behalf, Mr Nwokoye prayed the court to award him N20m against the RRS commander for arresting and detaining him between 10 am to 10 pm in RRS cell on 4th September 2024 for no justifiable reason.
The applicant’s counsel Joe O Eze and Associates told the Court that CSP Iburu led 12 heavily armed RRS operatives on September 4, 2024, to Kamali Phase III, behind Dubai Estate, Awka, by 10 am, arrested him and whisked him to their RRS headquarters, Awkuzu and detained him till 10 pm.
He submitted that the arrest and detention were a clear breach of his client’s, Nwosu’s, fundamental rights, as enshrined in the Nigerian Constitution.
The lawyer in the originating motion on notice stated that the application was brought pursuant to order 2 Rule1 of the Fundamental Rights
(Enforcement Procedure) Rule 2009, Section 35 (1) and 46 (1) and (2) of the
1999 Constitution, and under the inherent jurisdiction of the Court.
They sought the following reliefs from the Court in favour of Mr Nwokoye thus: a declaration that the arrest of the applicant (Mr Nwokoye )by the respondent (CSP Iburu) at Kamali phase III, behind Dubai Estate, Awka, on the 4th day of September 2024 by 10 am is unlawful and a clear violation of the applicant’s fundamental rights to personal liberty; a declaration that the detention of the applicant by the respondent inside the cell of the Police Rapid Response Squad, Awkzu on the 4th of September, 2024 and between the hour of 10 am and 10 pm is unlawful and a clear breach of the applicant’s right to personal liberty and twenty million naira (N20,000,000) compensation to the applicant against the respondent for the unlawful arrest and detention of the applicant at the cell of the police rapid response squad, Awkuzu on the 4/9/2024.
Other reliefs Mr Nwokoye’s lawyer sought against the RRS Commander included: an order of perpetual injunction restraining the respondent from further arresting and detaining the applicant, an order for the respondent to render a public apology to the applicant for his unlawful arrest and detention on 4/9/2024 and between the hour of 10 am and 10 pm at the cell of the police rapid response squad, Awkuzu, and, for such further or other orders as the honourable court may deem fit to make in the circumstances.
The lawyer argued that the grounds upon which the reliefs are sought included that every Nigerian, pursuant to section 46 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, who alleged that any of the provisions of chapter 4 of the constitution has been, is being or is likely to be contravened in any state in relation to him may apply to the High Court in the State for redress; that by virtue of section 35 of the 1999 Constitution of the federal republic of Nigeria, every citizen of Nigeria, including the applicant, is entitled to fundamental rights to personal liberty.
The arrest and detention at the cell of the police rapid response squad, Awkuzu, of the applicant on 4/9/2024 and between the hours of 10 am and 10 pm by the respondent constitutes a breach of the applicant’s right to personal liberty and runs contrary to the spirit and letters of section 35 of the constitution of the Federal Republic of Nigeria.
He argued further that CSP Ifeanyi Iburu abused his power and violated the applicant’s rights without lawful justification.
He, therefore, urged the court to declare the arrest and detention unlawful and award N20 million in compensation to Nwosu for the damages suffered.
