July 16, 2015
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- Law News
Tosan, who was paraded by the police along with three others – Duke Odogbo, 38; Lawrence Kingsley, 31; and Ekelemo Kuete, 30 – is therefore seeking a court order directing the police to immediately release him on bail.
The suspect’s lawyer, Chief S.W. Baidi, argued that his client’s continued detention without bail was an “infringement and curtailment of the applicant’s constitutional right to personal liberty, freedom of movement and presumption of innocence.”
He is seeking a declaration that his arrest, torture and continued detention by the State Anti-Robbery Squad, Ikeja, without bail, was a violation of his human rights, preserved by sections 34(1)(a), 35(1)(4) and Section 41 of the 1999 constitution.
In a 26-paragraph affidavit filed in support of the originating summons, one Tamuno Amos, who addressed himself as the suspect’s uncle, said he believed that his nephew’s continued detention by the police was a deliberate act by the police to “extract a confessional statement from him on the alleged offence.”
On Thursday, however, when the matter came up, the police did not bring the suspect to court and his originating summons slated for hearing could not be heard.
Okunnu, while adjourning hearing of the application till October 22, however ordered that the Lagos State Attorney General should be joined as a respondent. She added that if there was any urgency, the applicant could appear before October 22 before another judge who will be sitting during the court’s annual vacation, which begins next week.
The original respondents in the suit are the Lagos State Commissioner of Police and the Officer-in-Charge of SARS, Ikeja, SP Abba Kyari.