Unlawful arrest, detention: Three victims sue A’Ibom Police Commissioner

… Demand N150m compensation

Abasiofiok Inyang

Three Akwa Ibom State citizens have dragged the Commissioner of Police, Akwa Ibom State Command and nine others to court over an alleged unlawful arrest and detention since December 27, 2023 till date.

The three persons, Nnyeneme Akanimo; Monday, and Moses Ezekiel Jonah, who are the applicants in the case of “Enforcement of Fundamental Human Rights” have approached an Akwa Ibom State High Court, Abak Judicial Division, holden at Abak with the Suit No. HA/FHR 5/2024 to enforce their rights.

The trio have equally demanded N150 million (one hundred and fifty million naira) damages in compensation for the alleged unlawful arrest, long detention and deprivation suffered since their arrest.

Also praying the court among others is a declaration that the arrest of 1st and 2nd Applicants by the Respondents is without lawful justification and contravention of Section 35 of the Constitution of the Federal Government of Nigeria, 1999 (as amended) and Article 6 of the African Charter on Human and Peoples’ Rights.

The three Applicants have also urged the court to give an “order of perpetual injunction restraining the Respondents whether by themselves, their agents, privies and or servants or any other person, however, constituted from further arresting or detaining the Applicants or anybody else related to the facts of the proceeding in the case, unless upon fresh facts which disclose the commission of a crime and or offence(s) known to law”.

Our correspondent gathered that the 1st and 2nd Applicants were arrested by the policemen from Abak Division since December 27, 2023. They were later transferred to the Anti-cultism unit in the State CID, Uyo, and further transferred to the Eagle Response Squad, Itam Police Station, since their arrest, their offences have not been disclosed to their lawyer nor being charged to court, thus, their decision to approach the court to save their lives as the hope of a common man.

It was further gathered that the 1st and 2nd Applicants who hail from Uruk Eshiet village in Etim Ekpo Local Government Area are artisans and local security attendants who were employed by the 3rd Applicant to man his residence at No. 46 Independence Avenue, Abak, Abak Local Government Area.

The said residence and property of the 3rd Applicant located at No. 46 Independence Avenue, Abak Abak Local Government Area were said to have been intruded on by Emmanuel Akpan Umanah, Godwin Akpan Umanah, and Uduak Akpan Umanah (8th, 9th and 10th) Respondents not minding the judgment in favour of the 3rd Applicant.

The judgment on the said property was delivered on 10th February 2020 by His Lordship Justice Ezekiel Enang in Suit No. HA/MISC.12/2019 ordered that “Leave to attach and sell the immovable property of the judgment debtor, being a bungalow situate, lying and being at No. 46 Independence Avenue, Abak and covered by Survey Plan No. EE/AK/4/2011/008, in satisfaction of the judgment of this court in Suit No HA/UND. 66/2012 is hereby granted.

“An order is hereby made for the issuance of a writ of attachment and sale of the immovable property of the judgment Debtor/Respondent situate, lying and being at No. 46 Independence Avenue, Abak being a bungalow covered by Survey Plan No. EE/AK/4/2011/008, in satisfaction of the judgment debt and cost in Suit No. HA/UND.66/2012.

“The judgment Debtor/Respondent (Emmanuel Akpan Umanah, Godwin Akpan Umanah, Uduak Akpan Umanah) shall pay the cost of this action which I assess and fix at N30,000.00 (thirty thousand naira) only”.

It was learned that based on said judgment the 3rd Applicant employed the 1st and 2nd Applicants to secure the property which led to their arrest and detention since December 27, 2023.

Meanwhile, the three Applicants have expressed confidently that the court which is the last hope of the common man will do justice to their case.