By Onozure Dania
THE proprietor and director of D Glory Top Private Schools, Legasa Phase 11, Lakowe, Lagos , Pastor Ochuko Osusu, has instituted a N5million fundamental rights enforcement suit before a Federal High Court sitting in Lagos against the Inspector General of Police over his alleged illegal detention by the Police at the State Criminal Investigation Department, SCID, Panti.
The proprietor who is also a cleric joined the Commissioner of Police, Lagos Command, Deputy Commissioner of Police, SCID and one Inspector Solomon Ojo of SCID, Panti as respondents. In the suit by his counsel, Kayode Bankole , he is asking the court to declare that his arrest by the Police on May 11, 2016 and his subsequent detention till May 19, 2016 is a gross violation of his rights to dignity of human person, personal liberty and private life.
He noted that those rights are guaranteed by sections 34(1), 35(1), (3) and 37 respectively of the 1999 constitution of the Federal Republic of Nigeria.
The applicant also wants the court to declare that the act of 3rd and the 4th respondents in carting away his documents from the school on May 17, 2016 when he was paraded in handcuff to the said school is contrary to section 34, 1 (a) and 44 (1) of the 1999 constitution as well as a declaration that the respondents have no powers to close down his school or threaten to shut it down.
He is also praying the court to declare that the respondents have no right to interfere with his legitimate activities. He is equally asking for an order restraining the respondents from further arresting him or threatening to close down his school. In addition to the monetary damages, the applicant is urging the court to order the respondents to tender a public apology to him for the illegal detention.
In an affidavit deposed to by the application’s brother, Dr. Odiyovwi Osusu, the applicant averred that he got a phone call on April 22, 2016 from one Mrs Ogunderu, alleging that her three year old daughter had been defiled in school and that she discovered it at home while bathing her daughter.
“They went to a private hospital close to the school when Mr. Ogunderu called to demand that the victim be taken to his private hospital – Doreen Specialist Hospital, Ajah, Lagos, which was done but it was from there that the hospital invited the Police from Ajiwe Police Station Ajah.
“The applicant was immediately arrested, his statement taken and detained overnight but was released on bail on Saturday April 23, and was asked to report from time to time which he did and never jumped bail. He claimed that the case was transferred to SCID Panti on May 11 and the applicant was held from that day.
“Mr Ogunderu informed my brother, the applicant that a human rights organisation headed by one Mrs Aisha Oyebode (nee Muritala Muhammed) is interested in the matter and had made contact with high authorities.
“On the day of the alleged incident, the applicant never saw or had any contact whatsoever with the victim since he was only the administrative head of the school. Moreover, he had just arrived from one week spirit convention of the Nigerian Baptist Convention at Ilorin, Kwara State,” he further averred.