By Sandra Umeh
A Federal High Court in Lagos on Friday fixed Feb. 5 to hear a suit filed by a rights’ campaigner, Mr Anthony Makolo, seeking to enforce his fundamental rights against the police.
Makolo said that the suit was filed over the unlawful seizure of his Call to Bar Certificate by the police.
In the suit labelled: FHC/L/CS/2111/18, the applicant had also joined the following as first to fourth respondents:
They are: the Inspector General of Police, Deputy Inspector General of Police, Force Criminal Investigation and Intelligence Department (FCIID) Alagbon, Supol Olademeji, and Insp. Ayeni.
When the case was called before Justice Ayo Emmanuel on Friday, the counsel to the applicant, Mr Ogedi Ogu, announced his appearance for the applicant.
Ogu also informed the court that the proof of service of the court’s processes on the respondents was not yet in the courts file.
He then sought for an adjournment to enable the applicant ensure that the proof of service was exhibited in the court’s file.
Consequently, Justice Emmanuel adjourned the case until Feb. 5 for hearing.
Emmanuel also ordered that the applicant should ensure that the proof of service had been included in the court’s file before the next date.
In the suit, the applicant had averred that he had acted as the legal practitioner to two clients over a dispute involving a property.
He said that he also had accompanied them to the office of the Force Criminal Investigation and Intelligence Department (FCIID) Alagbon on Nov. 6, following police invitation.
He said that after the statements of his clients were obtained by the fourth respondent, they were released on bail with one surety, who duly executed the bail bond.
He added that his clients were asked to report back on Nov. 7, 2018.
According to him, his clients reported back the following day as directed, and were subsequently discharged by the fourth respondent, who promised to inform them “whenever the need arises”.
Makolo said that he was surprised when on Nov.12, the third and fourth respondents accosted him at the premises of the Yaba Magistrates’ Court.
He said that they handcuffed him, pushed him into a waiting Honda car there, and drove off to their office.
He said that when it dawned on him the possible reason for his arrest, he immediately reminded them that he was not a surety for his client.
He said that he had only recommended that the accused be granted bail, adding that the surety was the proper person to be invited where and when the accused failed to show up.
According to him, the respondents replied that they had no time for that.
Makolo said that it took the intervention of his colleagues who had seen him whisked away from the premises of the Yaba Court, to seek his bail the following day, Nov. 13, 2018.
He said that he was admitted to bail with two sureties, while the original copy of his Call to Bar Certificate was seized by the respondent.
He said that the certificate had not been released to him till date, despite repeated demands.
The applicant said that he was seeking a declaration that his detention over the bail recommendation on behalf of his client, was unlawful.
He said that the respondents were a creation of the law, and must act within lawful limits.
The applicant said that he was also seeking an order that would declare the seizure of his certificate as a flagrant abuse and a violation of his rights to legal practice.
He urged the court to order the immediate release of his practising certificate to him.
The applicant said that the respondents, jointly and severally, should pay him N50 million as damages, for a breach of his fundamental human rights. (NAN)