DCP Bappa Magaji Jahon, O/C Legal Nasarawa, CSP J.A Idoko, Esq, Accused Of Detaining 14 Yr Old Boy Despite Court Order

The Law firm of Liman, Liman & Co has petitioned the Inspector General of Police, Chairman of Police Service Commission, Chairman Senate Committee on Police Affair, Chairman House of Reps Committee on Police Affairs, over the alleged unlawful detention of a 14-year-old boy by Deputy Commissioner Of Police Nasarawa State Criminal Investigation And Intelligence Department (Ciid), Dcp Bappa Magaji Jahon And O/C Legal Nasarawa State Police Command CSP J.A Idoko Esq, despite a subsisting order by a Federal High court.

In the petition sighted by THENIGERIALAWYER(TNL) signed by Ishaka M. Dikko SAN, dated 1st March and Acknowledged same date by the recipients, and was titled “PETITION/COMPLAINT AGAINST THE CONDUCT OF THE DEPUTY COMMISSIONER OF POLICE NASARAWA STATE CRIMINAL INVESTIGATION AND INTELLIGENCE DEPARTMENT (CIID), DCP BAPPA MAGAJI JAHON AND O/C LEGAL NASARAWA STATE POLICE COMMAND CSP J.A IDOKO ESQ. ON THE REFUSAL TO COMPLY WITH THE VALID ORDER OF THE FEDERAL HIGH COURT LAFIA GRANTED BY HIS LORDSHIP HON. JUSTICE YELLIM BOGORO TO RELEASE OUR CLIENT (ANTHONY ODINAKA UDOKWU) 14-YEAR-OLD (MINOR); AND THE TORTURE AND THREAT TO THE LIFE OF OUR CLIENT WHO HAS BEEN UNDER DETENTION AT THE CELL OF THE NIGERIAN POLICE FORCE SINCE ON THE 5TH FEBRUARY, 2021. REQUEST FOR PROMPT ACTION AND INVESTIGATION AND DISCIPLINARY MEASURES”, stated that the 14-year-old boy, Anthony Odinaka Udokwu, is an SS1 Student of JFAQ International College Lafia Nasarawa State.

According to the petition, the learned silk said the boy was arrested on the 5th of February, 2021 by Officers of the Nigerian Police “A” Division Police Station Lafia Nasarawa State on the allegation of rape of a girl at his Residence.

He stated that despite denying ever having carnal knowledge of the alleged victim in question, the police has refused to grant the boy bail. Upon application, the Federal High Court ordered for his release but yet the boy is still in detention

He further alleged that the boy has been subjected to several forms of torture and is currently ill.

“Sir, Our Brief revealed that our Client has maintained unequivocally and repeatedly, that he never had canal knowledge of the alleged Victim.

“However, immediately after the arrest of our client, the father of the alleged victim Sunny (Sunday) Asoneshi who stated that the mother of the Victim is no more in his House demanded for the sum of N500,000.00 (Five Hundred Thousand Naira) Only from the father of our Client Mr. Sunday Udokwo, according to Sunny (Sunday) Asoneshi, this will enable him take care of the victim. The father of our client who is a petty Trader and not capable of paying the said sum of N500,000.00 (Five Hundred Thousand Naira) Only, had his son further detained.

“Sir, while investigation was ongoing at the “A” Division Police Station Lafia, Nasarawa State there was signal from the Legal Department of the Headquarters of the Criminal Investigation and Intelligence Department Lafia Nasarawa State particularly from CSP J. A. Idoku Esq urging that the matter be transferred from “A” Division Police Station Lafia Nasarawa State to the Criminal Investigation and Intelligence Department for further investigation of the said complaint.

“Our client since the 5th day of February, 2021 has been in detention at the said Criminal Investigation Intelligence Department, Lafia Nasarawa State, despite all efforts for his bail and clearly because the father of our Client could not afford to give the father of the alleged victim the sum of N500,000.00 (Five Hundred Thousand Naira) Only. Needless to say that assuming without conceding that our client is culpable of the allegation, no father would afford to sell the womanhood of his daughter for money.

“Sir, the despite the Provisions of Section 217 of the Child Rights Law of Nasarawa State 2005, as well as the provisions of the Child Rights Act 2003 all Oral applications for Bail of our Client by his Parents as well as by Counsel was ignored by the said Police CIID Lafia under the directives of DCP Bappa Magaji Jahon and CSP J. A. Idoku Esq

“Sir, on the 15th February, 2021 we were compelled to write a formal application for Administrative bail which was addressed to the Deputy Commissioner of Police C.I.D Nasarawa State which letter was receipted by the said Deputy Commissioner of Police C.I.D Nasarawa State. YET the Deputy Commissioner of Police in collaboration with the O/C Legal CSP J. A. Idoku Esq refused to admit our client to BAIL. Find attached the letter dated 15th February, 2021 which is herein marked as ANNEXURE C

“Sir, we were compelled to institute on the 17th February, 2021 a suit for the Enforcement of the Fundamental Rights of our Client, in Suit No. FHC/LF/FHR/4/2021 before the Federal High Court Lafia, Nasarawa State. On the 19th February, 2021 we served the suit on all the Defendants including the Deputy Commissioner of Police. Yet our Client was not released on Bail.

“Sir again, we filed an Ex parte application for bail on the 19th February, 2021 before the Federal High Court Lafia, moved same and had Order for Bail of our client granted by the Court we proceeded and served on the Defendants particularly the office of the Commissioner of Police Nasarawa State and Deputy Commissioner of Police C.I.D Nasarawa State, YET our client was not released since on the said 24th February, 2021 when the Order was served. This is in clear violation of the Order of Court of Competent Jurisdiction.

“Regrettably, our Brief revealed that the O/C Legal CSP J. A. Idoku Esq an Officer of the Court and a Lawyer duly called to the Nigerian Bar who is ordinarily supposed to advised and ensure strict compliance with extant laws and Orders of Court, has remained complicit in ensuring that the Order of the Federal High Court is not complied with. The said O/C Legal CSP J. A. Idoku Esq continued to advise that our Client remain under incarceration despite valid Order of Court, directing that a Minor of 14 years Old be released on bail and when all the conditions granted by the Court for the Bail has been fulfilled by the family of our Client.

“It is also interesting to state that our Brief also revealed that from the moment the Suit for the Fundamental Right of Our Client was served on the Deputy Commissioner of Police C.I.D Nasarawa State, our client who is a minor was daily beaten and tortured with SHARP OBJECTS BEING INSERTED DAILY INTO HIS PRIVATE PARTS by Officers of the Nigerian Police Force under the Instruction of the O/C Legal CSP J. A. Idoku Esq as well as other Officers of the CID. This is despite the fact that the mother of our client was called upon by officers of the CIID Lafia and intimated more than twice that our client a minor has been ill and was taken to the Police Clinic Lafia on the 19th February, 2021 and the mother of our client made to settle the Medical Bill, yet our Client a Minor was not RELEASED on Bail. We have evidence of the Payment Receipt for the Police Clinic paid by our Client. The Hospital Receipt No. of our Client at the Police Clinic Lafia because he was very ill is 70046 which our client’s Parents have in their Possession.

“Sir, it should be reiterated that the Federal High Court Lafia, has given an express Order, directing that our Client be released on Bail. Suffice to state that no Institution of Government especially the Nigerian Police which is supposed to be the highest respecter of the Law should disobey the Order of Court when no appeal as at today was filed nor a stay of Execution obtained. The fact is, the More the Nigerian Police Is refusing to release our Client despite a valid Order of Court, the more it further buttressed the thread by the father of the alleged Victim that our Client will never be released.” the petition reads

Dikko, SAN argued that the sole basis of existence of all institutions of Government including the Nigerian Police Force and why they must be respected and obeyed is because they are all creation of Laws. According to him, respecting the Institutions of Government including the Nigerian Police Force is a civil Duty that is expected of every Law-abiding Citizen. This respect is also reciprocal, as the Nigerian Police Force is also expected to respect and comply with the Orders of other Institutions of Government Especially Courts established by the Constitution of the Federal Republic of Nigeria.

He added, “While no citizen should condone any commission of crime especially the most heinous offence of Rape, again No citizen or any official Government or any Institution of Government should vilify or crucify any person suspected of commission of crime without due compliance with the law even if it is the most dreaded and heinous offence of Murder.”

He said he has the instruction of the family of the boy to request IGP for the immediate release of the boy in compliance with the Order of the Federal High Court Lafia.

“We are very confident that No Officer of the Nigerian Police Force should be personally interested in any matter especially when the Court has given an Order.” he explained

He also requested for “Investigation of all the Officers involved in the violation of the Valid Order of Court of Competent Jurisdiction which Ordered the release on Bail of Our Client who is a Minor of 14 years, as well as the act of Torture of Our Client.

“Ensuring disciplinary measures are taken against the Officers involved in accordance with the POLICE Act, as any Officer found wanting, would have clearly breached the Law and abused the most revered Police uniform, worn to defend the citizenry.”