Illegal detention: Court begins contempt charge against AGF, IGP

By IKECHUKWU NNOCHIRI
ABUJA — Following their alleged refusal to obey the order of an Abuja High Court directing that one Anthony Ekemini, said to have been illegally arrested, detained and tortured by the Special Anti-Robbery Squad, SARS, Federal Capital Territory, FCT, be taken to an orthopedic hospital for treatment over gunshot wounds, the Inspector General of Police and the Attorney General of the Federation have been charged with contempt.

In the Form-48, which was the notice of the consequence of disobedience of court order, filed through his counsel, Mr Pius Ofolue, the applicant urged the court to go ahead and invoke its powers against the defendants.

Accusing the AGF and IGP of engaging in “executive lawlessness,” the applicant noted that the 1st respondent, being the Chief Law officer of the Federation and the 3rd respondent, charged with the responsibility of enforcing laws and regulations including orders of court, decided to ignore the instant court order dated July 21, 2012.

Ofolue lamented that despite the standing orders of the court, the respondents blatantly refused to take the applicant to hospital for treatment.

Ekemini, who is still in police net, had in the substantive application he filed with a view to enforcing his fundamental human rights, sought an order compelling the respondents to pay him N190million as compensation for breaching his fundamental rights, with an apology.

Besides, he also sought an order compelling the respondents to pay N60million as damages for personal injury, loss of amenities of life, permanent disability and incapacity of his leg as he was shot on the foot while in the custody of the respondents.

He also sought an order compelling the respondents to pay N50million as aggravated and exemplary damages for torture and inhuman treatment in the respondents’ custody.

In a 19 paragraph affidavit deposed to by his lawyer, Ofolue, he averred that “the applicant is in detention awaiting trial at Kuje Prison and as such he is unable to depose to this application, that I have the consent and authority of the applicant to depose herein as below.

“That he came to Abuja on the invitation of his friend, one Godwin Edet and Mr. Edward to join them in a political rally in support of the Congress for Progressive Change, CPC, in the 2011Presidential election on the promise that he would be monetarily compensated for his support.

“That unknown to him it turned out to be a trumped up charge of kidnapping by agents of the respondents, who arrested him along with his friend Edet. That on being arrested he informed the police officer of his mission that he is a fish farmer on the Akwa-Ibom Youth Empowerment Programme.

“That the arresting police officer tortured, I’ll treated him to confess or admit to the offense of kidnapping which he refused.

“That the agent of the respondents in their desperate effort to compel him to admit to the offence shot him severally on the leg while taking him to the Special Anti-Robbery Squad Abattoir Abuja.

“That one inspector Agbor of SARS had threatened to kill him if he refused to admit the offence. But that he was saved by a visiting Human Rights body to SARS who advised that the respondents charge him to court.

“That prior to his arraignment, the agent of the respondents had demanded the sum of N500,000 as condition to grant him bail. That he he contacted his parents over their request but that they were unable to raise the said amount of money.

“That he was arraigned at Gwagwalada High Court for the offence of kidnapping and subsequently remanded in Kuje prison awaiting trial.

“That since his arraignment, the prosecution has not been forthcoming as he believes that there is no evidence to link him to the alleged crime.

“That he is now abandoned without medical care for the leg, that he wants the court to compel the respondents to effect adequate medical care to save his leg from being amputated or being beyond medical solution.

“That the acts of the agents of the respondents in shooting him on the leg while in their lawful custody for an offence they are yet to prove his culpability is a great inhumanity to man and travesty of justice.”