Police logo
Lagos-based Mrs Shakirat Aramide Gbadebo (50 years) has sued the State Commissioner of Police, Deputy Commissioner of Police(DCP) in charge of State Criminal Investigation Department (SCID) Panti-Yaba, Supol Bamidele and Inspector Bunmi Adeyemo of the D-4 Unit of the same SCID and one Mrs. Ganiyat Ajoke Shittu over illegal arrest and unlawful detention for complete twelve days without trial in any Court of competent jurisdiction.
She equally demanded the sum of Twenty-Five Million Naira (N25,000,000) from the Police officers as compensation over the illegal and unlawful act, as part of her prayers before the Court.
Mrs. Gbadebo, who was an Applicant in the Suit N0: IKD/15528MFHR/2023, was alleged of owing one Mrs Ganiyat Ajoke Shittu in a business transactions, where all of the aforementioned Police Officers have been joined in the Suit as Defendants/Respondents.
The applicant, Mrs Gbadebo, alleged extortion of the sum of One Million Naira (N1,000,000) from her by the Police, claiming such to be debt recovery from her as part of the N5.8million Naira allegedly owed 5th Defendant/ Respondent (Mrs. Ganiyat Ajoke Shittu) which the applicant claimed is an unconscionable violation of her right to own movable property and being a serious crime committed by the 1st to the 4th Respondents.
The application was brought before the Court with originating motion in pursuant to Section 34, 35,36,41 and 46(1)&(2) of the 1999 Constitution of the Federal Republic of Nigeria, as amended and Order II Rules 1,2,3, and 4 of the Fundamental Rights(Enforcement Procedure) Rules 2009 and Section 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap 10 Law of the Federation of Nigeria 1990-Articles 4,5,6,7,12,13,14 and 16 of the African Charter on Human Rights and Peoples’ Rights and under the Inherent Jurisdiction of the Court.
While filling the Suit dated 7th day of June, 2023, before the State High Court, Ikorodu Judicial Division, the Applicant’s Counsel, Barrister Shakiru Omolaja, urged the Court to declare the illegal arrest and unlawful detention of the Applicant for Twelve days by the Police on the order of 5th Defendant (Mrs Ganiyat Ajoke Shittu) without admitting her to bail or formally arraigning her in the Court, as illegal, unlawful, unconstitutional, undemocratic, null and void.
The Applican’st Counsel, while supporting his position before the Court, with the case of Afribank (Nig) Plc vs. Oyimah (2004) 2 NWLR(pt.854)654 at 680, Nzeako, JCA, stated thus; “The Police Force is a respectable institution which is entrusted with the security of the country and the people. It is not a debt collector and should never be involved in such services.”
Similarly, in the case of McLaren vs. Jennings (2003) 3 NWLR (pt. 808) 470 at 483 – 484, the Court of Appeal stated as follows: “Section 4 of the Police Act which deals with the general duties of the Nigeria Police does not empower the Police to enforce a contract or to collect rents or common debts…..This is not one of the statutory duties of the Nigeria Police”.
“In a democratic country where institutions and persons are subject to the rule of law, the blatant infringement on the Applicant’s fundamental rights are condemnable. What is constitutionally and professionally expected of the Police, upon the complaint of the Complainant against the Applicant, is to conduct an unbiased investigation to ascertain the veracity of the complaint, and charge the Applicant before a competent Court if it found that the Applicant has a case to answer. It is not for the Police to hang a verdict of guilty on the Applicant without even being formally charged before a competent Court for any established offence”, the Counsel submitted.
The case was adjourned until Wednesday 22nd of May, 2024 before Hon. Justice Oshodi of High Court 3 in Ikorodu Judicial Division.
