Abuja Court Denies Robbery Suspect Freedom Despite Claiming Police Hung Him On A Tree

The High Court of the Federal Capital Territory sitting in Jabi, Abuja Judicial Division, has struck out the fundamental rights application filed by Ositadimma Enya who was arrested and detained by operatives of the Nigeria Police Force for alleged robbery (one chance) and murder.

The applicant, in a court judgment obtained by our correspondent, sued the Inspector General Of Police and the Commissioner of Police FCT Command, Babaji Sunday, before Justice A.A Fashola in Suit No: CV/1704/2021.

His lawyer accused the Nigeria Police Force Outpost Jabi (Ant-One Chance Unit) of severely torturing him, adding his client was “hanged in a tree, with chains and flogged with dangerous torturing objects. The scars from the torture are still very much visible on the applicant’s body.”

In the applicant’s affidavit deposed to by Ishaka Yakubu, a litigation clerk, he claimed to have been arrested on March 22nd, 2020, and has been in detention ever since without trial while being “severely tortured, and thereafter transferred to SARS office Apo where he suffered untold ordeals, physically emotionally psychologically and otherwise.”

The applicant prayed the court for the following reliefs:

“A Declaration that the detention of the Applicant at the Respondents’ Cell from the 22nd day of March 2020 till the 17th of December, 2020 when a remand order was obtained, at the instance of Respondents was unlawful, illegal, unconstitutional, and amounts to a violation of the Applicant’s fundamental rights to dignity, liberty, and movement.

“A Declaration that the prolonged and continued detention of the Applicant beyond the return date of the Remand Order (i.e. 7th day of March, 2021) at the Nigerian Correctional Service Centre, Suleja, Niger State without arraignment and trial before a court of competent jurisdiction over an unproved allegation of crime is unlawful, illegal, unconstitutional and amounts to a violation of the applicant’s fundamental rights to dignity, liberty and movement.

“A Declaration that the prolonged and continued detention of the Applicant since the 22nd day of March 2020 till date, at the instance of the Respondents at the Nigerian Corrections Service Centre in Suleja, Niger State without arraignment and trial before a court of competent jurisdiction and a valid order of court over an unproved allegation of crime is unlawful, illegal, unconstitutional and amounts to a violation of the applicant’s fundamental rights to dignity, liberty, and movement.”

But the respondents argued that its investigative report showed the applicant is the 8th suspect in a robbery gang who had admitted that he was into one-chance robbery and specialized in robbing female victims along Lugbe and Kubwa express way Abuja while selling the loot.

The police countered the applicants’ claim of detention without trial, saying that “the applicant and 7 others were arraigned in charge No. CR/1112/2020 before the FCT High court only for the judge to be elevated during the hearing, and all efforts to get the case reassigned proved abortive to date. “
Delivering his judgment, the judge held that from the records it was clear that the applicant was arraigned before another division of the court contrary to the claim of the applicant.

He subsequently struck out the application.

“It is my considered legal opinion that in the absence of cogent and compelling evidence before me to controvert or impeach exhibits A and B attached to the respondent counter affidavit, I find that the applicant has been charged to High court of FCT holden at Abuja; and this applicant as presently constituted is outside the purview of Fundamental Human Right application, I so hold.

“Consequently, originating motion dated 23rd July, 2021 is lacking in merit, it is hereby struck out,” Justice Fashola said.