A Judge in the Ondo State High Court, Justice O. O. Akeredolu, has been sued by an Akure-based businessman, Chief Raheem Akinfolayemi Badmus over what the applicant called his illegal arrest and detention.
The applicant who also listed Ondo State Commissioner of Police as second respondent in the suit claimed that he was illegally arrested and remanded in Olokuta Medium Security Prisons without being charged to court and given fair hearing.
According to a Motion on Notice filed before a Federal High Court sitting in Akure, a copy of which was made available to journalists, the applicant through his legal team led by Dr Remi Oyebanji, described the remand order issued and dated August 24, 2016 by the first respondent (Justice Akeredolu) and executed by the second respondent through his officers as illegal and unconstitutional.
The applicant averred that this constitutes a gross violation of and an infringement upon his dignity, personal liberty, fair hearing and freedom of movement as enshrined and guaranteed under and by virtue of Sections 34, 35, 36,41,46 of the constitution of the Federal Republic of Nigeria 1999 ( as amended) and Articles 4,5,6 and 12 of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria 2004.
The applicant, Raheem Akinfolayemi Badmus, who was arrested at his Ajipowo hotel residence in the early hour of August 24 and subsequently remanded in Olokuta Medium Security Prisons on the order of Justice O. O. Akeredolu of the Ondo State High Court, was later arraigned before an Oke-Eda Chief Magistrate's court and granted bail on September 1, after spending 8 days in the prison custody.
Upon arraignment on September 1, 2016 , Badmus was charged with contempt of court for alleging Justice Akeredolu to have made an unguided comments in an affidavit he sworn to.
It would be recalled that the applicant is the nominal complainant and father of one Oluwatobi Badmus, a deceased, in a case of manslaughter between the State Vs three ex-police officers earlier brought before Justice Akeredolu.
Oluwatobi Badmus was allegedly killed by three police officers who have since been dismissed from the police force. They are; Awodeyi Adesola, Adekunle Adedeji and Adepetu Olamilekan.
It was gathered that the father of the deceased had on August 19, 2016, sworn to an affidavit at the High Court Registry asking Justice Akeredolu to withdraw himself from further hearing of the case on grounds of alleged bias among other allegations.
In the motion on notice, the applicant through his legal team is also seeking an order of the court restraining the respondents either by themselves, their agents, servants, privies and /or any person, body or authority deriving power or authority through them from further arresting, detaining or causing the arrest or detention of the applicant by whatsoever means in an illegal and unconstitutional manner.
They are seeking an order of the court quashing the remand warrant dated August 24, 2016 and the applicant released forthwith for violating the fundamental rights of the applicant.
The applicant is further asking the court to order the respondents to pay him the sum of two hundred million naira as compensation for the violation of his fundamental rights.
The applicant insisted that his arrest and detention at the prison custody from August 24 to September 1, 2016, on the premises of warrant of arrest and detention issued and signed by the first respondent without any charge or arraignment was illegal and a
gross violation of his fundamental rights.
Hearing in the suit has been fixed for October 17, 2016
