A senior Benin Palace Chief, Chief John Osamede Adun has instituted a
legal action against the Edo State Commissioner of Police, Mr. Samuel
Adegbuyi at the Federal High Benin for illegally detaining him for ten
hours in his office without justification.
He described the action of the Police Commissioner as unlawful,
unconstitutional and a serious infringement on his fundamental right
to personal liberty as guaranteed by the Constitution of the Federal
Republic of Nigeria (1999) as amended.
In the suit before the court by his counsel, Olayiwola Afolabi, which
was made available to the press, the applicant is also asking the
respondent to pay him the sum of N10million being general and
exemplary damages for the infringement of his fundamental rights to
personal liberty and right to dignity of human person.
He wants an order of perpetual injunction restraining the respondent,
his agents, servants or privies from further interference with the
constitutionally guaranteed rights of his liberty in respect of the
issue of banning of levy collection through tickets on the road in Edo
State and any other matter whatsoever connected with without probable
reasonable and justifiable case.
In a 23 paragraphed affidavit to support his claim, Chief Adun averred
that on the 1st of June, 2015, he received a call from the Police
Commissioner at about 1pm summoning him his office and a time he was
performing traditional functions at the Palace of the Oba of Benin
since he was a first class t 4aditional chief in Benin Kingdom.
He said that he had to leave his traditional functions in the Palace
to honour his summons adding that on getting to his office, he was
surprised when the respondent in the midst of senior Police Officers
asked questions about the banning of tickets by the Edo State
government and he replied to the effect that the matter never
concerned him in any manner whatsoever.
He added that he further told the respondent that his name was never
mentioned by the government in its publications on the banning of
tickets as he never belonged to Akugbe Ventures Ltd, REATAN, NURTWU or
Chief Adun said that he was surprised when the respondent ordered him
to go with the Assistant Commissioner of Police State CID to make a
statement which he refused to do and they threatened to detain him
until he wrote the statement on a matter he said, never concerned him.
The applicant said that he was only released to go home at about 10pm
after making the statement , adding that as he was taking his food,
another call came that the Commissioner of Police wanted to see him
again and was allowed to go home about 11pm after being subjected to
another round of humiliation by the respondent’s officers.