The Federal High Court in Ekiti state has dismissed a suit seeking to restrain the police from investigating a criminal suspect because “no citizen’s liberty is absolute”.
Justice Taiwo O. Taiwo held that the court cannot bar the police from doing its work or shield anyone from criminal investigation or probe.
Doing so, he said, would amount to interfering with the constitutional powers granted security agencies, especially the police.
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“If a court accedes to the request of an applicant and grants injunctive orders restraining criminal investigation and/or prosecution, the court may create an outlaw out of such a person and this could lead to a general breakdown of law and order,” he said
Justice Taiwo ruled on a fundamental rights suit brought by Mr Idowu Olayemi against the Ekiti State Police Commissioner, the investigating police officer (IPO) Corporal Akingbade Adeniyi and the complainant Dada Segun.
The plaintiff sought a declaration that his arrest and torture by the police from last November 26 to 27 at Segun’s instigation was a breach of his fundamental rights and therefore illegal.
He sought an order restraining the police from further arresting or detaining him, an order directing the respondents to apologise to him, and pay him N5million damages.
Olayemi said Segun falsely accused him of stealing his N300, 000, following which he was arrested, detained and tortured.
But, Justice Taiwo held that there was nothing wrong with the police arresting the suspect as it is statutorily empowered to receive criminal complaints and investigate crime, adding that Olayemi was granted bail.
The judge added: “I do not see any reason to believe that the applicant was tortured by the second and third respondents. There are no facts before the court. There is no medical record showing infliction of pain on the body of the applicant. I dare say that general and wide allegations of such breach or infringement will not suffice.
“I, therefore, hold that the applicant has not succeeded in proving illegal arrest, torture, harassment or threat to kill him on the instructions of the first respondent.”
Justice Taiwo awarded a cost of N25,000 to Segun, which he incurred in the case, and warned the police against re-arresting Olayemi having granted him bail, but to charge him to court if there is evidence against him.
Nation
