Justice Raliat Adebiyi of a Lagos High Court sitting at Igbosere, has dismissed the application filed by the Community leaders of Okunraye in Ibeju Lekki area of Lagos state seeking to stop the Nigerian Police, Inspector General of Police, Lagos State Commissioner of Police, for further arrest and detention of the Indigenes over alleged murder of Mr Tajudeen Disu Managing Director of Lekki Trade Zone (LFTZ) Limited, on October 12, while resolving a land dispute.
Other respondents in the suit are The Nigerian Army, Department of State Security (DSS), Special Anti-Robbery Squad, The Dangote Group and Ibeju Lekki Local Government,
The motion ex-parte filed by the applicants through their lawyer Akinlabi Apara, seeking the following reliefs, among others an order directing the respondents to release them unconditionally from custody, and an order declaring their arrest and continuous detention as wrongful and a sharp contravention of their fundamental human rights enshrined in Chapter 4 of the Constitution and Article 23 (1) (4) (5) (6) (7) , 12 (1) and 14 of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act, 2004.
They also want a declaration that the invasion of their community on October 12, 2015 and their subsequent arrests constituted a threat to life, freedom, and private and family life.
They further want a perpetual injunction restraining the respondents whether by themselves, agents, servants, privies or any other person acting on their behalf from arresting, detaining, harassing and invading Okunraye community or otherwise violating their fundamental human rights.
The lawyer to the community leaders while urging the court to grant the application informed the court that the applicants have been forcefully ejected from their homes and lively hoods and that they have been deprived of their rights.
He said that the application is supported with a 38 paragraph affidavit and are relying on all the averment.
Mr. Apara, also informed the court that as a matter of fact those who are not members of the community have been charged before the court randomly adding that as at Tuesday about 25 people were arrested by the police he therefore urged the court to grant the application.
However Justice Adebiyi while ruling on the application dismissed all the prayers sort for by the applicant except prayer seeking to serve all respondents in the suit.
The judge said granting such application will lead to breakdown of law and order. The case has been adjourned to November 10, for hearing of all pending applications in the suit.
Other respondents in the suit are The Nigerian Army, Department of State Security (DSS), Special Anti-Robbery Squad, The Dangote Group and Ibeju Lekki Local Government,
The motion ex-parte filed by the applicants through their lawyer Akinlabi Apara, seeking the following reliefs, among others an order directing the respondents to release them unconditionally from custody, and an order declaring their arrest and continuous detention as wrongful and a sharp contravention of their fundamental human rights enshrined in Chapter 4 of the Constitution and Article 23 (1) (4) (5) (6) (7) , 12 (1) and 14 of the African Charter on Human and Peoples' Right (Ratification and Enforcement) Act, 2004.
They also want a declaration that the invasion of their community on October 12, 2015 and their subsequent arrests constituted a threat to life, freedom, and private and family life.
They further want a perpetual injunction restraining the respondents whether by themselves, agents, servants, privies or any other person acting on their behalf from arresting, detaining, harassing and invading Okunraye community or otherwise violating their fundamental human rights.
The lawyer to the community leaders while urging the court to grant the application informed the court that the applicants have been forcefully ejected from their homes and lively hoods and that they have been deprived of their rights.
He said that the application is supported with a 38 paragraph affidavit and are relying on all the averment.
Mr. Apara, also informed the court that as a matter of fact those who are not members of the community have been charged before the court randomly adding that as at Tuesday about 25 people were arrested by the police he therefore urged the court to grant the application.
However Justice Adebiyi while ruling on the application dismissed all the prayers sort for by the applicant except prayer seeking to serve all respondents in the suit.
The judge said granting such application will lead to breakdown of law and order. The case has been adjourned to November 10, for hearing of all pending applications in the suit.
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