(NIGERIA) A Federal High Court sitting in Ikoyi, Lagos presided over by Justice Chukwujekwu Aneke, yesterday directed the Nigeria Police to dock detained dismissed police officer, Victor Banor before the court within 14 days.
The judge made the order in a ruling on an application instituted by the applicant, which had prayed the court to enforce his fundamental right against the police, for unlawful detention.
The court also refused the superintendent bail in view of the gravity of the alleged offence.
Justice Aneke maintained that the continued remand of the applicant in prison custody was in breach of constitutional provisions which required a person to be charged to court within 48 hours.
He therefore, ordered that the applicant be charged to court within the time stipulated, or he would be granted an unconditional bail.
The matter has been adjourned till February 3, 2015
for report of compliance by the police.
It would be recalled that the applicant had instituted the suit on November 11, 2014 seeking enforcement of his fundamental rights against the police.
The detained superintendent who has as respondents in the suit, the Inspector General of Police, the Commissioner of Police, Federal Special Anti-Robbery Squad, Adeniji Adele Road, Lagos, and the Investigating Police Officer (IPO), DSP Solomon Igwe as respondents argued that he had been held in custody for over eight months without any charge, and prayed the court to either order his release from prison, or direct the police to charge him before a court of law.
Banor, had argued that his continued detention, violated his fundamental rights as guaranteed under the 1999 Constitution.
However, in a counter affidavit in opposition to the bail application of the applicant, lawyer to the respondents, Justin Enang, had prayed the court to refuse the applicant's bail.
The lawyer posited that the applicant was dismissed while serving at the Umunede Police Division in Delta, for allegedly stealing an exhibit vehicle in a criminal case under investigation.
The counsel posited that the applicant escaped from detention and resurfaced at the Enugu Command with a falsified signature, claiming to be a Superintendent of Police (SP).
While adding that Banor also stole N20 million meant for salaries of officers of the Enugu State Police Command, the lawyer argued that, "After the officer-in-charge (O/C) of the command’s Mechanised Salary Section (MSS) retired, the applicant assumed office as the “O/C MSS.
"It was while holding this position that in March 2011, he allegedly absconded with the money.
"While absconding from office, the applicant dropped a note stating that nobody should look for him because he had resigned to join his militant groups at the creeks of the Niger Delta region.
"When he was arrested, he claimed to be a Chief Superintendent of Police (CSP), flashing a police warrant card and demanding to be shown respect as a senior officer”.
"Photocopies of forged police Identity Cards were found on him, with CSP Afamefuna Banor V. and “W/SGT” Hannah Markson Banor, among other names.
"The police further found badges and insignia of a Deputy Commissioner of Police at his home, and he absconded with a Police Barretta Pistol loaded with eight rounds of ammunition.
“Ongoing investigation revealed a barrage of forgeries by the applicant, who opened more than 25 bank accounts using fictitious names with which he had been collecting monthly salaries from over 15 command payrolls."
The police lawyer maintained that If the applicant is released on bail, he will not make himself available for trial as he will run away as usual.
The police lawyer while making reference to Section 35 (1) (C) of the Constitution, which states that a person’s liberty can be curtailed in order to prevent him from committing further offences, added that, “Releasing the applicant will jeopardise our investigation as he is still dribbling us over the service pistol in his possession, and taking us on a wild goose chase. Many lives were still at risk since the applicant had refused to produce the police automatic weapon he absconded with."
The police lawyer then prayed the court to refuse the applicant bail.
No comments:
Post a Comment