Emeka Arinze, a suspected accomplice of alleged kidnap kingpin, Chukwudumeme Onwuamadike, popularly called Evans, on Monday asked a Federal High Court in Lagos to order his immediate release from police custody.
Arinze, in his suit filed at the court’s registry through a rights campaigner, Mr Ogedi Ogu, is claiming N100 million and a public apology from the police jointly and severally over alleged infringement on his rights.
In an affidavit sworn to by Mrs Nkem Nwaka, younger sister of the applicant, she said the applicant was arrested on June 27 at Festac Town, Lagos, by the third respondent, the police, and taken to the office of the second respondent, CP.
Joined in the suit are the Inspector General of Police, State Police Commissioner, Lagos State Police Command and Insp. Christian, an Investigating Police Officer with the Special Anti-Robbery Squad (SARS).
Ogu is seeking a declaration that the arrest and detention of Arinze without any order validly made in accordance with the 1999 Constitution (as Amended) is unlawful and illegal.
In addition, he wants an directing and mandating the respondents to produce the suspect in the court.
According to her, the suspect has been in custody since June 27 and denied access to his medications, family and lawyers.
The applicant has been in police custody for more than three months without any charge, she said, adding that his fundamental rights as guaranteed under Sections 35 (4) and 36 (4) (5) of the 1999 Constitution have been violated.
No date has been fixed for hearing.
The News Agency of Nigeria (NAN) recalls that Evans has been arraigned before Justice Hakeem Oshodi of the Lagos High Court sitting in Ikeja.
He had earlier instituted a fundamental rights suit against the Police, claiming N300 million as damages for alleged illegal detention and rights violation. (NAN)