News

December 22, 2011

Oyo NURTW crisis: Court restrains police from arresting Tokyo

By OLA AJAYI
IBADAN—The Federal High Court yesterday in Ibadan declared the continuous threat of a leader of the banned National Union of Road Transport Workers, NURTW, Alhaji Lateef Akinsola, aka Tokyo, by the Oyo State Police Command is illegal and unconstitutional.

He was declared wanted with his main rival in the union, Alhaji Lamidi Mukaila, over the mayhem that led to the death of scores of people at the Iwo road interchange early this year.

The order restraining the police was given by the court while ruling on an application for the enforcement of fundamental human rights filed by Alhaji Akinsola in the matter.

The judge, Justice Jonathan Shakarho said it was alien to law to unjustly punish Tokyo “on the allegation of instigation of murder, arson and malicious damage committed by some other persons.”

He said: “The continuous threat of arrest of Tokyo by the police in the matter offends the applicant’s right to personal liberty and freedom of movement as enshrined in Sections 35 and 31 of the Constitution of the Federal Republic of Nigeria.”

He then restrained the police from “arresting, detaining or threatening further arrest of the applicant.”

He also restrained the police from hunting, humiliating, harassing or in any way tampering with rights of the applicant.”

According to Justice Shakarho, “the applicant could only be arrested in connection with the events pertaining to or connected with 30th May, 4th and 5th June, 2011, after seeking and obtaining the leave or order of the court.”

Tokyo’s counsel, Mr. Debo Adeleke had argued against the hunting, intimidation, threatening and curtailment of the applicant’s movement by the respondents”.

To the counsel, it amounted to gross violation of the applicant’s fundamental rights to personal liberty and freedom of movement as the respondents have no authority to do so.

The lawyer emphasised that it was “wrong, unconstitutional and a flagrant abuse of the constitutional right of the applicant and a breach of the fundamental human rights to declare the applicant wanted for the alleged offence of another person or group of persons.”

In an affidavit in support of the application which was deposed to by one Mr. Dayo Adamolekun, it alleged that ‘Auxiliary’ was the perpetrator of the violent attacks at Iwo Road, Ibadan that claimed innocent lives in the state.