PETITION FOR DISCIPLINARY MEASURES TO BE TAKEN AGAINST THE COMMISSIONER OF POLICE, LAGOS STATE, AND DEPUTY SUPERINTENDENT ITIGILA UDO

4th August, 2011.

The Chairman,

Police Service Commission,

The Federal Secretariat,

Shehu Shagari Way, Maitama,

Abuja, Federal Capital Territory, Nigeria.



PETITION FOR DISCIPLINARY MEASURES TO BE TAKEN AGAINST THE COMMISSIONER OF POLICE, LAGOS STATE, AND DEPUTY SUPERINTENDENT ITIGILA UDO FOR VIOLATION OF THE FUNDAMENTAL HUMAN RIGHTS OF OTTOH OFEM OBONO AND UNPROFESSIONAL CONDUCT AS CONFIRMED BY THE JUDGMENT OF THE FEDERAL HIGH COURT, CALABAR, DELIVERED ON THE 18TH JULY, 2011, IN SUIT NO. FHC/CA/CS/91/2009 BETWEEN OTTOH OFEM OBONO V. INSPECTOR GENERAL OF POLICR; COMMISSIONER OF POLICE, LAGOS STATE; AND DEPUTY SUPERINTENDENT ITIGILA UDO.



We are Solicitors to Ottoh Ofem Obono of No. 1 Ejika Lane, Letampankom, Ijiman, Ugep, Yakurr Local Government Area of Cross River State of Nigeria (hereinafter referred to as Our Client). We write in respect of the above subject matter at the instruction of our Client.



BACKGROUND FACTS

Our Client a Businessman based in Calabar, Cross River State, Nigeria, was on the 2nd October, 2009, arrested in his home by a team of well armed and fierce looking contingent of Police Officers from Anti-Robbery Squad of the Nigeria Police Force, Lagos. Our Client was brutally assaulted and beaten and dehumanised before his wife and children by these Police Officers even though he never resisted arrest. Our Client was stripped naked, shackled and bundled into a vehicle and taken to Lagos. Our Client’s Car Mart was invaded and all the vehicles found there were impounded and removed to Lagos.



The team of Police Officers that arrested our Client were led by one Deputy Superintendent Itigila Udo of the SARS, Nigeria Police Force, Ikeja, Lagos.



On the 7th October, 2009 our Client was paraded by the Commissioner of Police, Lagos State, before a crowded Press Conference attended by journalists from the Print and Electronic media as a member of a gang of robbers who specialised in snatching of vehicles from members of the public. The Press Conference was widely aired in the media and photographs of our Client were published in the Punch Newspaper of 8th October, 2009 and other newspapers in the Country.



Our Client was detained indefinitely until he filed through his Solicitors an action for the enforcement of his Fundamental Human Rights in the Federal High Court and he was granted bail by Honourable Justice Aneke on the 28th October, 2009, but the Police spurned the Order, refused to release our Client. The Police hurriedly arraigned our Client before a Chief Magistrate’s Court, in Lagos State, on the 13th November, 2009, on a spurious Charge of ‘Receiving Stolen Vehicles’ and the said Court ordered our Client to be detained at the Kirikiri Maximum Security Prison, Kirikiri, Lagos.



Our Client was detained from 13th November, 2009, to the 25th August, 2010, when he was released after the Director of Public Prosecutions, Ministry of Justice, Lagos State, Nigeria, wrote a Legal Opinion exonerating our Client of the Charges/Allegations levelled against him by the Police.



RELIEFS SOUGHT BY OUR CLIENT IN THE FEDERAL HIGH COURT

In an action filed by our Client for the enforcement of his Fundamental Rights, Our Client sought the following reliefs:



I. A Declaration that the arrest on the 2nd October, 2009, by the 3rd Respondent and his subsequent detention at the Cell of the Anti-Robbery Squad, Nigeria Police Force without trial from the said 2nd October, 2009, to the 13th November, 2009, and subsequent remanding at Kirikiri Maximum Security Prison, Kirikiri, Lagos State, Nigeria from the 13th November, 2009 to the 25th August, 2010, without trial is wrongful, oppressive and illegal and a violation of Sections 34 subsections (1 ) & 35 (2) of the Constitution of the Federal Republic of Nigeria, 1999 and Article 6 of the African Charter on Human and Peoples Rights (Enforcement & Ratification ) Act, 2004.

II. A Declaration that the Parading of the Applicant as a Member of a notorious “Armed Robber/Car Snatching Gang’’ before a horde of journalists from the electronic and print media in a Press Conference addressed on the 7th October, 2009, by the 2nd Respondent and the subsequent publication of the picture of the Applicant and other members of the alleged notorious gang of armed robbers/car snatchers in several National Newspapers and National Television Network (NTA) including the Punch Newspaper of Thursday, the 8th Day of October, 2009, is illegal, wrongful and unconstitutional as same constitutes an infringement of Sections 34 subsection 1 and 36 subsection 1 of the Constitution of the Federal Republic of Nigeria, supra and Article 5 and 7 (1) (b) of the African Charter on African and Peoples Rights (Ratification & Enforcement ) Act, supra.

III. A Declaration that the stripping of the Applicant naked before his wife and children in his house in Calabar, Cross River State of Nigeria on the 2nd October, 2009, and physical assault including beating of the Applicant with gun butts by a team of Police Officers led by the 3rd Respondent who came to the Applicant’s House to arrest him on the said 2nd October, 2009, is illegal, wrongful and oppressive and amounts to degrading treatment which is forbidden by Section 34 subsection 1 of the Constitution of the Federal Republic of Nigeria, supra.

IV. A Declaration that the purported arraignment of the Applicant by the Respondents before a Chief Magistrate’s Court in Ikeja, Lagos, Nigeria, in Charge No. CR/MISC/L/06/2009 on the 13th November, 2009, while this matter was pending before this Honourable Court and the Respondents were in Notice of the case is illegal, wrongful, contemptuous and an affront to the authority and integrity of this Honourable Court and therefore unconstitutional.

V. A Declaration that the remanding of the Applicant in Prison custody in Kirikiri, Lagos State, by an Order of a Chief Magistrate’s Court, Ikeja, Lagos, in Charge No. CR/MISC/L/06/2009 on the 13th November, 2009, on arraignment by the Respondents while this Application was pending before his Honourable Court is illegal, wrongful and unconstitutional, null and void.

VI. An Order setting aside the arraignment of the Applicant by the Respondents before a Chief Magistrate’s Court in Ikeja, Lagos, Nigeria, in CR/MISC/L/06/2009 on the 13th November, 2009, while this matter was pending.

VII. An Order setting aside the Order of Remand of the Applicant made by the said Chief Magistrate’s Court in Ikeja, Lagos, Nigeria, in CR/MISC/L/06/2009 on the 13th November, 2009.

VIII. A Declaration that the seizure or impounding and removal from Calabar, Cross River State, Nigeria, to Lagos State, Nigeria, of the Applicant’s Vehicle including Toyota Corolla Saloon Car; Kia Cerento Saloon Car; Chevrolet Saloon Car AS 160 Mercedes Car; Toyota Sequoia Jeep; Honda Itec Saloon Car and Toyota Camry Saloon Car on the 2nd October, 2009 by a team of Police Officers led by the 3rd Respondent amounts to the infringement of the Applicant’s right to fair hearing and ownership of property as cognisable by Sections 36 (1) and 44 (1) of the Constitution of the Federal Republic of Nigeria, supra.

IX. An Order directing the Respondents to return the said Vehicles averred in Paragraph 2 (VIII) which includes Toyota Corolla Saloon Car; Kia Cerento Saloon Car; Chevrolet Saloon Car AS 160 Mercedes Car; Toyota Sequoia Jeep; Honda Itec Saloon Car and Toyota Camry Saloon Car in Calabar, Cross River State of Nigeria, within Seven (7) days of the delivery of Judgment in this case.

X. General/Exemplary Damages of N100 Million (One Hundred Million Naira) Only for the gross abuse of the fundamental rights of the Applicant by the Respondents.

XI. A Declaration that the confinement of the Applicant from 2nd October, 2009, to 13th November, 2009, at the Cell of the SARS, Nigeria Police Force, Ikeja, Lagos State, Nigeria, by the Respondent and subsequent remanding at Kirikiri Maximum Security Prison, Kirikiri, Lagos, from the 13th November, 2009, to 25th August, 2010, without trial is illegal, wrongful and unconstitutional and constitutes a violation of the Applicant’s fundamental rights to personal liberty and freedom of movement as cognisable by Sections 35 (1) and 41 of the Constitution of Federal Republic of Nigeria, supra.



JUDGMENT/ORDER/INDICTMENT OF THE POLICE FOR PROFESSIONALISM MISDEMEANOUR

On the 18th July, 2011, Honourable Justice C. J. Aneke in his Judgment found in favour of Our Client and awarded General/Exemplary Damages of N20 Million and N50, 000.00 costs against the Inspector-General of Police. A Certified True Copy of the Judgment/Order is attached herewith for your perusal and consideration. It is pertinent to note that the Trial Judge indicted the Police in his Judgment thus:



“the parading of the Applicant (Ottoh Obono) on the 7th October, 2009 by the 2nd Respondent (Commissioner of Police, Lagos State) before a horde of journalists from both the print and electronic media prior to the Applicant’s arraignment before a Court of competent jurisdiction as a member of a gang of armed robbers who specialises in car snatching and the subsequent publishing of the Applicant’s photographs in the Punch Newspaper of Thursday, the 8th of October, 2009 and the airing of same news item on the 9 ‘o’ clock Network News Programme of the NTA on the same date, only for the said Applicant to be exonerated of having committed any crime by the Legal Advice of the Learned Director of Public Prosecutions of Lagos State after having spent a period of over ten (10) months at the Kirikiri Maximum Security Prisons, Lagos State on remand, makes nonsense of the Applicant’s right to presumption of innocence as enshrined in Section 36 (5) of the Constitution of the Federal Republic of Nigeria, 1999 and leaves much to be desired in the administration of justice system in this Country. The Respondents’ conducts against the Applicant are totally reprehensible and condemnable and I hereby condemn same without equivocation”.

UNLAWFUL IMPOUNDMENT OF VEHICLES BELONGING TO OUR CLIENT

Superintendent Itigila and his cohort unlawfully impounded several vehicles belonging to our Client including Toyota Corolla Saloon Car; Kia Cerento Saloon Car; Chevrolet Saloon Car AS 160 Mercedes Car; Toyota Sequoia Jeep; Honda Itec Saloon Car and Toyota Camry Saloon Car in Calabar. Some of these vehicles were appropriated by Mr. Itigila Udo despite the fact that they were supposed to be exhibits.



Also, despite the fact that the Federal High Court has ordered the Police to return these vehicles within seven days of the service of the Judgment Order on the Police, the Police are yet to comply. The Inspector General of Police & the Commissioner of Police were served with the Order on or about the 28th July, 2011.



AWARD OF GENERAL/EXEMPLARY DAMAGES OF N20 MILLION & COST OF N50, 000.00 TO OUR CLIENT.

The Court awarded our Client General/Exemplary Damages of N20 Million and costs of N50, 000.00 against the Nigeria Police Force. It is clear that the Police would be made to pay such a huge sum of money on account of the unprofessional manner Supo Itigla Udo and the Commissioner of Police went about their work.
PRAYERS

I. That disciplinary actions be taken against the Commissioner of Police of Lagos State (at the material time); Sup. Itigila Udo and other Police Officers whose acts or conduct contributed to the violation of the human rights of our Client and the consequent loss that the Police would suffer through payment of Damages as ordered by the Court.

II. Advise the Inspector General of Police to promptly comply with the terms of the said Judgment/Order by releasing the properties of our Client; and payment of the sum of N20 Million and N50, 000.00 to respectively to him.



Yours Sincerely,





Chief Okoi O. Obono-Obla