Scale of Justice
By Ikechukwu Megbu, Lekki
A Federal High Court in Lagos has ordered the Inspector-General of Police (IG) to immediately obey a March 26 order directing the release of a truck unlawfully seized and detained by the Divisional Police Officer (DPO) and Divisional Crime Officer (DCO) Isolo Police Division, Lagos since December 21, 2020.
Justice Akintayo Aluko also ordered the IGP to produce in court the Commissioner of Police (CP), Lagos, and the other officers who are the co-respondents for contempt proceedings over alleged violation of the court’s order.
The judge made the order last Friday in suit FHC/L/CS/471/2021 filed by the applicant, Mr. Taju Alade, against the IGP; COP; DPO and DCO Isolo Division, Fambegbe Stephen; Investigative Police Officer of the division, ASP. Ganiyu and the Nigeria Police Commission as the first to sixth respondents.
The matter was formerly before Justice M. A. Onyetenu, who made the March 26 order.
Alade, a truck driver in the employ of Mumean Lawal, commenced the suit before Justice Onyetenu on March 10, 2021, through his counsel Love Okwuokei.
He averred that he was engaged by Crowd Appeal Nigeria Limited to convey paper materials from Trade Fair to Alagbado on December 21, 2020.
But on his way to deliver the goods, along Ago Road, Lagos he observed electrical cable on the road and to avoid running over a live wire, he pulled over and asked bystanders if it was safe to drive over the cables but policemen from Isolo Police Division arrested him on the allegation that he hit an electric pole with his truck.
He was subsequently detained at the station “in an overcrowded cell” for over 48 hours without being charged at the nearby Magistrates or High Court, while his truck “with goods worth millions of naira inside” was seized.
“I was slapped, shoved, verbally and physically abused by some cellmates for ‘coming into the cell empty-handed.’ I have never in my life felt so bullied, humiliated and dehumanised,” Alade said in his originating application.
He approached the court via an ex parte application and sought six prayers including an order for the immediate release of the truck, N10million as general damages and N500,000 as cost of the action.
Ruling on the application on March 26, Justice Onyetenu ordered that the truck should be released pending the hearing and determination of the suit.
She further restrained the respondents from arresting the applicant and interfering with his means of livelihood, or interfering with his right to liberty and freedom of movement.
But the respondents’ failure to comply with the order was followed with initiation of contempt proceedings against the police before Justice Aluko, to whom the case was transferred.
Justice Aluko slammed the police on Friday at the commencement of proceedings.
Aluko said: “I have gone through the records and found that the respondents have been duly served with the Certified True Copy of the order of this court which directed them to release the trucks.
“I have also found that both Form 48 and 49 have been duly served on the IGP and other respondents even though there is evidence of service of the Order of this court and Form 48 and 49 been served on the respondents. I don’t want to conclude that the IGP and the Commissioner of Police Lagos State would wrongly flout the order of this court.
The court directed that the copy should be served on all the respondents.
Justice Aluko adjourned further proceedings till December 7, 2021.
Source : thisdaylive.com
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