By Akintunde Jacobs, Akure
An aggrieved man, Akindunmila Olukayode, has sued the Ondo state Commissioner of Police and one ASP Idjebah Michael, over alleged assault and unlawful detention by the force.
The applicant, in a motion challenging the breach of his fundamental human rights filed before the Ondo State High Court sitting in Akure, however, seeking for the sum of N5million only by the respondents as damages for his unlawful assault, arrest and detention by the second respondent, ASP Michael.
Olukayode, who alleged the CP and one ASP Michael attached to Ayetoro Owena Police Station, under Idanre division of assault and unlawful detention on the 21 July, 2021 for no justifiable reason, however, seek for justice over the matter.
According to him, he was later released from the detention facility of the second respondent after beating him seriously following the intervention of other community leaders.
In the originating motion filed before the court, Counsel to the applicant, Oyewole Awofade, prayed the court to declare as illegal, unlawful and an infraction of the fundamental rights of the applicant to liberty, freedom of movement and dignity of his human person on the applicant by the second respondent, ASP Idjebah Michael for no justifiable reason.
According to Awofade, the threat of further arrest and detention of the applicant by the second respondent when the applicant did not commit and has not been established to have committed any offence known to law is contrary to the provisions of Sections 34, 36 and 45 of the constitution of Nigeria 1999 as amended thereby rendering same illegal, unlawful, barbaric, embarrassing, oppressive and offensive.
He said it was disheartening that the police, an agency set up by the law and founded with money derived from the citizenry of this country would turn around to inflict those people they are paid to protect with avoidance injury and suffering by violating their rights just to serve his personal interest.
Awofade, however, urged the court to order for the payment of the sum of N5million only against the respondents to the applicant as damages for the unlawful assault, arrest and detention of the applicant by the second respondent, ASP Michael.
The OC Legal from the Police Command who stood for the respondents, brought an application before the court, seeking for the extension of time.
Awofade, however, did not object the application.
In his ruling, the presiding judge, Justice B. Adeyeye, who granted the respondents application, however, asked them to go and pay penalty for the period of default.
Justice Adeyeye, thereafter adjourned the case till December 8, 2021 for hearing.