CSP Drags IGP, 2 DCPs, 2 ACPs To Court Over Illegal Arrest, Detention, Torture (1)

 

Story by Iyiola Ayomide 

A Chief Superintendent of Police (CSP), Joseph Offor, who also happened to be a former Lagos State Police Public Relations Officer (PPRO), has dragged the Inspector General of Police, Kayode Egbetokun, four other senior police officers and the Nigeria Police Force to court, over alleged illegal arrest, detention and torture.

Shockingly, the retired CSP won the case, with the court awarding damages in his favour.

The case summarises that the applicant, a CSP and legal practitioner attached to the legal and Prosecution Department Of The Force, was assigned a petition on the 15th of June 2022 by the commissioner of Police Legal/Prosecution, titled, “Gross, illegal arrest, detention, arraignment, remand and prosecution of our client before Rivers State Magistrate Court and Contempt of Court order of Rivers State High Court…,” dated 3rd June 2022 and signed by one P.I.N. Ikwueto (SAN), evidence by exhibit JO1.

Upon investigation, it was revealed that it was a civil dispute between one Walter Okeke Ubaka and Ifeanyi Paul Amaonye, in which the Commissioner of Police, Rivers State and Deputy Inspector General of Police, Force Criminal Investigation Department, Held also held this view, alongside a judgement of the High Court of Rivers State delivered on the 31st March 2022.

However, a police investigation report issued by the 5th respondent was at variance with the findings of the Commissioner of Police and Deputy Inspector General of Police, Force Criminal Investigation Department.

He further averred paragraph 12 of the Affidavit that after collecting statements, examining exhibits, and interacting with the Investigation Police Officers and court officials, he put up a draft Legal Advice for the 3rd respondent and CP Ochogwu Ogbeh, who vetted it before it was assigned and forwarded to Deputy Inspector General of Police, Force Criminal Investigations Department, for approval.

That upon dispatch to the Deputy Inspector General of Police’s Office, the 5th respondent photocopied it and handed it over to the counsel to the said Ifeanyi Paul Amaonye.

It is further averred that this led to the applicant being accused of giving Legal advice in favour of Walter Okeke Ubaka and also giving copies of the investigation report to the said Walter Okeke Ubaka.

The applicant also averred to the facts on how he received two applications from different law firms of Lawrence Alobi, counsel to Walter Okeke Ubaka, and the law firm of Mudiaga for Certified True Copy of the earlier Legal Advice.

Upon being instructed by the Commissioner of Police, Legal, he did as instructed and brought same to him, who signed and sent to the 1st respondent and Deputy Inspector General of Police Force Criminal Investigation Department, who, respectively, approved that the Certified True Copy be issued to Walter Okeke Ubaka.

Subsequently, the 4th respondent told the applicant to write his statement under words of caution, even though he was not served with a petition nor the allegation against him explained to him.

He wrote about the role he played in the investigation of the case between Walter Okeke Ubaka and Ifeanyi Paul Amaonye, which was sometime in July 2023.

He further averred that on the 26th  of September 2023, he received a call from the 4th respondent for an interview with the 1st respondent on Ifeanyi Paul Amaonye’s case.

That the meeting took place around 5:30 pm, and acting on the orders of the 1st respondent, the 6th respondent placed his hands on the applicant’s neck and marched him down from the 7th floor to the 1sr floor of the Force Headquarters Building, in the glare of the public and other police officers and men.

He was told to get to the 6th respondent’s office around 7:pm to write a statement, with no petition or specific allegations against him.

He also averred that the 6th respondent signed his detention order, evidenced by exhibit JO11C.

Thus, the applicant alleged the violation of his fundamental Rights by the respondents.

In response, the Respondents denied the applicant’s allegation as evidenced in their counter Affidavit.

It is averred that the applicant, a police officer, compromised his duties and position as a police officer legal practitioner by issuing out a Police Wireless Message to the suspect, Walter Okeke Ubaka, who used it to gain an advantage against the Police in a court case in Rivers State High Court.

The applicant drafted a Legal Advice and misled the then IGP, which was later invalidated by the IGP, and that the same was invalidated. He issued a Certified True Copy of the Legal Advice to one Lawrence Alobi and co., the suspect’s counsel.

It is further averred that the conduct of the applicant violated the official secret law governing the affairs of the applicant as a police officer.

It is also averred that the applicant was detained within the lawful stipulated time allowed by law because he deliberately committed an act of misconduct, and his arrest and detention are directly connected to the petition filed against him by the complainant, Ifeanyi Paul Amaonye.

In response, the applicant further denied the allegations of the Respondents and also averred in his further Affidavit that he was not shown any petition against him and that the only one written by Ifeanyi Amaonye was in 2022, which was investigated, and he was exonerated.

A court document, titled, In the Federal High Court of Nigeria, In the Abuja Judicial Division, Holden at Abuja on Friday the 24th of Day of January, 2025, Before His Lordship, Honourable Justice H.J. Yilwa Jude, shows that the applicate, CSP Offor, in suit No: FHC/ABJ/CS/501/2024, took the Nigeria Police Force, Egbetokun, Deputy Commissioners of Police, Ohiozob O. Ehiede and DCP Elemah Abdullahi, and Assistant Commissioners of Police (ACP) Effiong Asuquo and ACP Alex Ebbah, to court.

Under The Judgment Order, the court document reads: “Upon this fundamental Rights application dated 29th of March 2024 and filed on the 17th April 2024, praying  the court for the following reliefs:

1. A declaration that the arrest of the applicant at about 7:pm, in the office of the 1st respondent at Police Headquarters, Louise Edet House, Area 11, Garki, Abuja, FCT by the respondents is wrongful,  illegal, unconstitutional, contemptuous and a gross violation of the applicant’s fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of Nigeria 1999 as amended.
2. A declaration that the detention of the applicant from about 9:pm on the 26th Day of September 2023 in the Force detention cell at Asokoro, Abuja, FCT Police Station till about 7:pm on the 3rd Day of October 2023 before he was released is wrongful, illegal, unwarranted, unconstitutional, contemptuous and a gross violation of the applicant’s fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of Nigeria 1999 as amended.
3. An order of perpetual injunction restraining the Respondents, whether by themselves, agents, servants or privies, from further arresting and detaining the applicant in any matter relating to or connected with the facts of this case.
4. N500m on the footing of exemplary damage jointly and severally against the respondents in that the applicant was without any legal justification arrested and detained from about 9:pm on the 26th Day of September 2023 in the Police detention cell at Asoroko, Abuja, FCT, Police Station till about 7:pm on the 3rd Day of October 2023 and was denied access to food, water, medication, telephone and was stripped half naked as he was only allowed to wear his underwear and forced to sleep on a bared floor in a poorly ventilated, overcrowded dingy, smelly, mosquitoes and bed bug-infested police cell, which was oozing out foul odour.
5. An Order directing the respondent to tender an apology in writing to the applicant for the unlawful and constitutional  arrest  and detention and to cause the said apology to be published on Daily Sun Newspaper in a conspicuous part of the said newspaper.”

The document continues thus: “And upon the suit coming up for adoption on the 27th of November 2024, wherein  Joseph Offor with the leave of the court appeared in person (the applicant0 and  Abdulrasheed Isyaku Sidi for the 1st  to 6thRespondents, adopted their processes and urged the court to grant their respective prayers.

 

“And this honourable court, having delivered its judgement on the 24th day of January 2025, it is hereby ordered as follows;

1. A declaration is made that the arrest of the applicant at about 7:pm on the 26th Day of September 2023 in the office of the 1st respondent at the police headquarters Louise Edet House, Area 11, Garki, Abuja, FCT, by the respondent is wrongful, illegal, unwarranted, unconstitutional and a gross violation of the applicant’s Fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of the Federal Republic of Nigeria, 1999 as amended.
2. A declaration is made that the detention of the applicant from about 9:pm on the 26th Day of September 2023 in the Force detention cell at Asokoro, Abuja, FCT Police Station till about 7:pm on the 3rd Day of October 2023 before he was released is wrongful, illegal, unwarranted, unconstitutional, contemptuous and a gross violation of the applicant’s fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of Nigeria 1999 as amended.
3. An Order is made awarding the sum of N100,000 only as damages against the Respondents for the breach of the applicant’s fundamental Rights issued at Abuja under the seal of the court and hand of the presiding judge this 24th Day of January 2025.”

The document was signed by Jessy Andrew, Registrar.

Another court document sighted by Securitynewslert.com, under judgment, states: “ This is an application for the enforcement of the fundamental rights of the applicant rights of the applicant, alleged to have been breached by the respondents.

The applicant, by a Notice dated 29th of March 2024 and filed on the 17th of April 2024, brought this application under order 2 Rule 1 of the  Fundamental Rights (Enforcement Procedure) Rule 2. 2009.

The said applicant prays this court for the following Orders as contained in the Motion paper: “A declaration that the arrest of the applicant at about 7:pm,  in the office of the 1st respondent at Police Headquarters, Louise Edet House, Area 11, Garki, Abuja, FCT by the respondents is wrongful,  illegal and unconstitutional, contemptuous and a gross violation of the applicant’s fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of Nigeria 1999 as amended.

“A declaration that the detention of the applicant from about 9:pm on the 26th Day of September 2023 in the Force detention cell at Asokoro, Abuja, FCT Police Station till about 7:pm on the 3rd Day of October 2023 before he was released is wrongful, illegal, unwarranted, unconstitutional, contemptuous and a gross violation of the applicant’s fundamental Rights to personal liberty as guaranteed under Section 35 of the constitution of Nigeria 1999 as amended.

“An order of perpetual injunction restraining the Respondents, whether by themselves, agents, servants or privies, from further arresting and detaining the applicant in any matter relating to or connected with the facts of this case.

“N500m on the footing of exemplary damage jointly and severally against the respondents in that the applicant was without any legal justification arrested and detained from about 9:pm on the 26th Day of September 2023 in the Police detention cell at Asoroko, Abuja, FCT, Police Station till about 7:pm on the 3rd Day of October 2023 and was denied access to food, water, medication, telephone and was stripped half naked as he was only allowed to wear his underwear and forced to sleep on a bared floor in a poorly ventilated, overcrowded dingy, smelly, mosquitoes and bed bug-infested police cell, which was oozing out foul odour.

“An Order directing the respondent  to tender an apology in writing to the applicant for the unlawful and constitutional  arrest  and detention and to cause the said apology to be published on Daily Sun Newspaper in a conspicuous part of the said newspaper.”

 

The court document states: “There are four grounds upon which this applicant is hinged as contained therein:

1. The applicant was arrested on the 26th Day of September 2023 in the Office of the 1st respondent, on the 7th floor of the police headquarters, Louise Edet House, Area 11, Garki, Abuja FCT, from where he was dragged in the full glare of the public to the 6th respondent’s office in the 1st floor of the said building from where the applicant was taking to the police detention cell at Asoroko, Abuja, FCT and detained from the 26th Day of September 2023 to the 3rd Day of October 2023, where the applicant was denied access to food, water, medication, telephone and was stripped half naked as he was only allowed to wear his underwear and forced to sleep on a bared floor in a poorly ventilated, overcrowded dingy, smelly, mosquitoes and bed bug-infested police cell, which was oozing out foul odour.
2. That the reason upon which the applicant was arrested, detained and tortured by the Respondents to the knowledge of the Respondent does not constitute an offence known to laws being issued relating to the performance of the official duties of the applicant.
3. That it is unconstitutional to arrest, detain and or torture a person without any legal justification.
4. That the arrest, detention and torture of the applicant by the respondents in the whole circumstances of the application is wrongful, illegal, unwarranted, unconstitutional, contemptuous and a gross violation of the applicant’s constitutional right to dignity of his human person and right to personal liberty as enshrined under section 34 and 35 of the constitution of the Federal Republic of Nigeria 1999 as amended as well as Articles 5 and 6 of the African Charter Human and People’s Rights.”

 

In response, the respondents filed a counter Affidavit of 64  paragraphs, deposed to by Chinedu Onwuka, dated 22nd May 2024, attached thereto are exhibits NPF1-NPF8.

On the day this matter came up for hearing, the parties adopted their processes and urged the court to grant their respective prayers.