POLICE RELEASE DETAINED CUSTOM OFFICERS AFTER HURMA THREATENED JUDICIAL REMEDIES
The two custom officers who where found to be unconstitutionally detained by men of the Nigeria Police Force attached to State CID Panti, Yaba, Lagos was recently released after a threat of Judicial action by the Human Rights Monitoring Agenda, HURMA.
In a letter to the Lagos State Commissioner of Police signed by Barrister Lekan Alabi, a member of
HURMA Legal Team under the title CONTINUOUS ILLEGAL AND UNCONSTITUTIONAL DETENTION OF MESSES OLADAPO LIJOKA AND NWABIA TOCHKWU FABIAN.\
It reads in part:
“We are Human Right body that protects and defends the constitutional rights of the under privileged in Nigeria. We write in respect of Messes Oladapo Lijoka andNwabia Tochukwu Fabian who are currently being illegally and unconstitutionally detained by your men at State Criminal Investigation Department,
Panti Yaba Lagos.
Messes Oladapo Lijoka and Nwabia Tochukwu Fabian are public servants by virtue of Nigeria Immigration Service, under the Ministry Of Internal Affairs of the Federal Republic of Nigeria.
Mess rs Oladapo Lijoka and Nwabia Tochukwu Fabian were alleged to have committed the offence of murder contrary to section 221 of the Criminal Law of Lagos State, 2011 by Commissioner of Police Lagos Command. The allegation of the murder was committed on the 24th day of January 2015 at Seme Boarder,
within the criminal jurisdiction of Lagos State when one Jeremiah Egun was allegedly murdered. The men of Lagos Police Command exercised their power under the Constitution of Federal Republic of Nigeria
by arresting Mess rs Oladapo Lijoka and Nwabia Tochukwu Fabian for proper investigation of the allegation of crime of murder. The offence being capital in nature, the input of the office of the Attorney General of Lagos State was mandatory regarding DP P’s Advice. In line with the requirement of the law, your
Command sent a Duplicate Case File to the office of Attorney General for the DP P’s Advice.
By a letter Reference No. LJP/HOM/2015/95/31 dated 25th of November, 2015 which was communicated to the Deputy Commissioner of Police, State Criminal Investigation Department, Panti, Yaba, Lagos, the revered office of Attorney General of Lagos State performed his constitutional and statutory duty by giving Legal Advice that
“in view of the foregoing, this office advises non prosecution of page B2-Lijoka Oladapo nad Page B3-Nwabia Tochukwu Fabian for the offence of Murder Contrary to section 221 of the Lagos State 2011″. For ease of reference, we hereby attach a copy of the DP P’s Advice for your attention.
Sir, we quite appreciate the enormous work of your office which may not permit immediate action on this case, However, our body will sincerely appreciate your administrative intervention within seven (7)
days of the receipt of this letter.
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TAKE NOTE that should Mess rs Oladapo Lijoka and Nwabia Tochukwu Fabian are not unconditionally released by your command within seven (7) days of reception of this letter, this organization shall approach a court of competent jurisdiction for judicial remedy and possible compensation against the Nigerian Police Force.”
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