Businessman files N20m suit against IGP, others over rights violation

A businessman, Akinfolabi Akindele has filed a N20 million suit against the Inspector-General of Police, Mohammed Adamu and others, over alleged unlawful detention, torture and inhuman treatment.

In the fundamental human rights suit marked TEMP/49826/2020 filed through his lawyer, Idris Mohammed Doko, before a Lagos High Court sitting in Igbosere, the applicant accused the Inspector-General of Police and other respondents, of violating his fundament human rights by arresting and detaining him “in a brutal manner,” sometime in February, 2019.

Amongst other reliefs, Akindele is asking the court for an order of perpetual injunction restraining the respondents from further harassing, arresting him, or interfering in the case, or any fact relating to the management of Estate of Madam Iyabode Efunroye Tinubu.

He claimed that the Respondents had been harassing, arresting and detaining him.

He further prayed the court for an order directing the respondents to jointly and severally pay him the sum of N20 million, as damages for violation of his fundamental rights.

Other respondents in the suit are Assistant Inspector-General of Police Force CID, Alagbon, Lagos, Assistant Inspector General of Police Force, Zone 2, Onikan, Lagos, Lagos State Commissioner of Police, Deputy Commissioner of Police State CID Panti, Lagos, Alhaji Azeez Ashiru, and Sergeant Adeyinka Adekunle.

Akindele, who is also the Managing Director of Adamakin Investment, stated that at the behest of Alhaji Azeez Ashiru (the 6th Respondent), sometime in February, 2019 he was arrested, brutalised, detained.

He averred that without being allowed legal representation, he was compelled to make statements on each occasion of his arrest and detention, and without arraignment before any court of law to date.

The Applicant is praying the court, to declare that the “humiliating and brutal arrest and detention” constitute a violation of his fundamental rights to dignity of the human person, guaranteed under Sections 34 and 35 of the Constitution, Article 3 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004.

He asked the court to declare that the fresh invitation now sent to him on a matter that has already been investigated and concluded by the 5th Respondent (Deputy Commissioner of Police State CID Panti) for the purpose of restricting his movement, personal liberty and freedom, constitute violation of his rights under Sections 34, 35, 36 and 41 of the 1999 Constitution.

According to the affidavit in support of the motion, the applicant stated that on August 27, 2012, the head of Tinubu family, other accredited representatives of the family, as well as the Trustee of the Estate of Madam Iyalode Efunroye Tinubu, gave him the Power of attorney dated August 27, 2012.

He said: “By virtue of the said power of attorney, I was saddled with responsibility of managing or administering the entire Estate of Madam Iyalode Efunnroye Tinubu as Chairman and Managing Director of the company, which comprises of vast expanses of land across Lagos and Ogun State known as Ewe-Agbibo and Iwaya Farm Land, covered by the survey plan drawn by late Herbert Macaulay with registered title No. 45 at page 45 in volume 2212, comprising about 4.5 miles as delineated in the upgraded survey plan. Attached and marked Exhibit AD2, is the copy of the survey plan.

“That the various portions of the said expanse of land is occupied by known and unknown persons, as delineated in several survey diagrams exhibited in this affidavit and marked Exhibit AD3.

“On becoming aware of the illegal or unauthorised occupation of the lands, I instituted an action against unknown persons in this court, in Suit No. LD/1604LM/17 currently pending before Hon. Justice Pedro sitting at Tafawa Balewa Square, Lagos, challenging the adverse claim of the ownership of any potion of land belonging or forming part of Madam Iyalode Estate”.

The applicant averred that the 6th respondent have been threatening him and one Alhaji Gambo by sending armed thugs onto the land who have been causing mayhem unabated, with the clear intention of preventing Alhaji Gambo from taking possession of the land, alleging that I was selling lands in the estate and not remitting the proceeds to the trustees of the estate and family.

“Alhaji Adio Lumosa is currently in Court in respect of same issues reported above, and had also earlier reported the same matter to EFCC for investigation, where it was established that the allegations were not only baseless, but false.

“Notwithstanding the fact that the matter had already been investigated by the EFCC, they did not bother to get in touch with the EFCC for the outcome of the investigation, nor confirmed from the court in Lagos and Ogun State, where the matter was instituted by Alhaji Lumosa in suit no Temp/41292/2018, Alhaji Adio Kazeem Lumosa & 2 Ors v Akinfolabi Akindele, Suit No. AB/243/52019 High Court Abeokuta, Suit No. ID/6319GCM/2019 at the High Court Ikeja, but kept me in detention for well over one week.

“In fact, they transferred me from their cells at Obalende to the Anti-cult unit of the Police at Gbagada, Lagos, where I was put in the cell with some hardened criminals who continued to beat me mercilessly, until I was later separated by the station officer, upon my cry for help.

“In order to break my spirit, they made a manhunt for my Lawyers who are representing me in the defence and prosecution of this matters, at various courts in Lagos and Ogn State. In fact, Mr Kunle Awoma Esq, my Lawyer, who was invited to come for my bail at their office in Obalende, Lagos, was also arrested and detained with me till we were moved to the office of the 1st respondent at Abuja, before we were granted bail.

“Prior to the incident above, and when the menace of the intruders and illegal occupants was becoming unbearable, I also initiated a complaint to the Police, and same was investigated, and in their report, it was confirmed or established that the company is the lawful attorney to the Estate of Madam Iyabode Tinubu”..

He states that sometime in the month of February at about 8am, several Police officers from 4th respondent’s office stormed his house and arrested and took him to their office at Panti, where he was confronted with the petition written on behalf of the 6th respondent, accusing him of criminal trespass to land, selling and threat to life among other sundry allegations.

He said he was compelled to write a statement in absence of his lawyer and despite that he requested to call his lawyer before writing any statement adding that though the 7th respondent showed the petition to him, his request to have a copy was refused.

The applicant further averred: “That sometime on the 27th December, 2019 several Police officers led by one Inspector John Adudu from 1st respondent’s Monitoring team, waylaid me on Herbert Macaulay Road Yaba, in Lagos, arrested me at gun point, notwithstanding that I made no attempt to resist arrest.

“They took me and two of my staff, Mr. Kazeem Seminu and Isyaka Salawu, to their Lagos office at Kam Salem House, Obalende, Lagos, and put me in detention without telling me my offence, for which I was being detained. It was later they confronted me with the petition written on behalf one Alhaji Adio Lumosa, accusing me of criminal breach of trust.

“However on 13th January, 2020, Police officers from the office of 2nd Respondent led by one officer who introduced himself to one of my staff Mr. Isyaka Salawu as Inspector Emmanuel from General Investigation Department Admin, stormed my house in a commando-like style, to effect my arrest.

“Fortunately, I was not around, and was out of Lagos State. Inspector Emmanuel thereafter, informed Mr. Isyaka, that the 6th respondent had written another petition to 2nd respondent for a fresh investigation of the case, and I should report to 2nd respondent’s office failing which they shall unleash their mayhem on me, any day they get hold of me”, he averred.