The Federal High Court in Abuja has issued an order restraining the Inspector General of Police (IGP) and four other individuals.
This order dated October 4th prevents them from further harassing, intimidating, humiliating, and detaining an Abuja-based housewife and her in-law.
The court gave the order following an ex-parte motion filed by Mrs. Esther Stephanie Shehu and Mr. David Isaac Kpanaki, the first and second applicants, respectively.
Background
According to Blessing Ijomah, counsel to the applicants, on August 2, 2023, police officers arrived her client’s residence.
They arrived the residence located in Gwarimpa, FCT, Abuja, in an attempt to arrest Mrs. Shehu’s husband, Mr. Ibrahim Shehu.
When they couldn’t locate him, they threatened to return later in the day or arrest her in his place.
Later that same day, the officers returned and, finding Mr. Shehu absent , they arrested Mrs. Shehu and Mr. Kpanaki without a warrant.
In their affidavit, they described the dehumanizing condition which they were transported to Ilorin, Kwara State, where they were detained in a police cell from August 2 to August 4.
Subsequently, they were charged before a Magistrate Court in Ilorin with allegations including cheating, screening an offender, and obstructing police from discharging their lawful duties.
Following their arraignment, they were subsequently remanded at the Mandala Correctional Centre in Ilorin, Kwara State, by the order of Magistrate Ibrahim Muhammad.
Surprisingly, despite the nature of the offenses being bailable, they were denied bail.
The applicants are seeking the court’s intervention in their joint suit marked: FHC/ABJ/CS/1279/2023.
listed as respondents are; the IGP, Nigerian Police Force (NPF), Commissioner of Police for Kwara state, Superintendent Sadiq Sule, and Dr. Kamoru Yusuf as respondents
Mrs. Shehu and Mr. Kpanaki are seeming the enforcement of their fundamental rights.
They claim that the IGP and the four others subjected them to unlawful arrest, dehumanization, and detention without a valid court warrant.
They argue that these actions amounted to a violation of their fundamental rights as guaranteed under the Constitution and the African Charter, prompting them to seek legal redress.
The applicants are additionally demanding a declaration from the court that the actions of the respondents were illegal.
They also request the immediate and unconditional release of both applicants and a restraining order against further arrest, dehumanization, or detention by the respondents, among other requests.
Alternatively, the applicants are seeking an order for their release on self-recognition or other favorable terms, along with an order for the publication of a public apology by the respondents in three national dailies.
Furthermore, they are demanding compensation of N10 billion as exemplary damages.
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Court’s Decision
Ruling on the ex-parte motion, Justice Mobolaji Olajuwon adjourned for October 10.
He noted that the adjournment will avail the respondents time to produce the applicants in court.
He also said at the next adjourned date, arguments on the bail application will be taken.