Journalist Sues Lagos State Government,
Police for N30 million
Lagos, Thursday, August 5, 1999:
The Deputy News Editor of The Punch newspapers and Chairman of
Journalists for Democratic Rights (JODER), Mr. Adewale Adeoye, has filed
a suit at an Ikeja High Court in Lagos against the Lagos State Government
and the State Police Command claiming N30,000,000.00 as damages for
assault and unlawful arrest.
Mr. Adeoye, who was detained overnight on June 25, 1999
after being severely beaten by Police men and members of the Lagos State
anti-robbery team, Rapid Response Squad (RRS), is challenging the action
of the security agents as a violation of his constitutional rights to
personal liberty, security of his person, and freedom from inhuman and
degrading treatment.
Named as defendants in the suit are the Attorney-General of
Lagos State, the State’s Commissioner of Police; the Ogudu Police Station
in Lagos; the Rapid Response Squad, and Officer Olaniyan of the Ogudu
Police Station.
By a motion ex parte filed on his behalf by Mrs. Ikhiwi
Omonkhua, a Legal Officer at Media Rights Agenda (MRA), under the
Fundamental Rights (Enforcement Procedure) Rules of 1979, Mr. Adeoye is
specifically asking for an order of the court granting him leave to apply
for:
¨
A declaration that the assault on him
by the security agents constitutes a breach on his fundamental human
rights as it amounts to a gross violation of his rights to life, dignity
of human person, personal liberty and security of his person guaranteed
under Sections 33, 34 and 41 of the 1999 Constitution as well as Articles
5 and 6 of the African Charter on Human and Peoples’ Rights (Ratification
and Enforcement) Act, Cap 10. Laws of the Federation of Nigeria 1990;
¨ A
declaration that his arbitrary arrest and detention without a warrant and
for an offence not stated in law or in the Constitution, namely that:
“your offence is that you were arrested in the dark” constitutes a breach
of his fundamental rights guaranteed under Sections 34, 35 and 41 of the
1999 Constitution and Articles 3(2), 4, 5, 6, and 12(1) of the African
Charter;
¨
A declaration that the inhuman and
degrading treatment meted out to him by the defendants and/or their agents
is a violation of his fundamental rights guaranteed under Section 34, of
the 1999 Constitution and Articles 12(1) and 5 of the African Charter;
¨
An order awarding him N20,000,000 as
general damages and another N10,000,000 as aggravated and exemplary
damages against the respondents jointly and severally for the assault,
illegal and unconstitutional arrest and detention as well as the unlawful
violation of his fundamental rights;
¨
An order that the respondents should
publicly apologise to him in accordance with Section 35(6) of the 1999
Constitution
In a 21-paragraph affidavit in support of the motion, Mr.
Adeoye recalled that at about 8.45 pm on June 25, 1999, while he was
buying fruits at Ketu Market in Lagos, he heard sporadic gunshots which
resulted in a pandemonium in the market.
He said as he rushed to the aid of an old woman who had
fallen down, he was assaulted by a police man who slapped him and hit his
left ear with the butt of a revolver, causing him to bleed profusely.
According to Mr. Adeoye, he was taken into a waiting van
along with 16 others. While they were being taken to the Ogudu Police
Station, Mr. Adeoye said, Mr. Olaniyan told them that “all of you are
armed robbers. We will shoot you here. Thieves!”
They were subsequently taken to the Ogudu Police Station,
where he was detained overnight and finally released the following day.
Hearing in the suit has been fixed for September 20, 1999.
Contact:
Ikhiwi Omonkhua
Legal Officer
Media Rights Agenda
Tel. & Fax: 01-4930831
E-mail: mra@rcl.nig.com
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