Ogona Anita
In a Novel Fundamental Human Rights Proceedings in Nigeria, Human Rights Activist and Security Enthusiast, Douglas Ogbankwa Esq, who is the Convener of the Security Situation Room has set up the stage to determine a trail blazing Judicial Precedent in Nigeria to determine among other things, whether the Nigeria Police Force can arrest before investigation, with out first establishing the two only exceptions known to Law to wit: Whether there is a prima facie case against the suspect based on cogent evidence and when not arresting the suspect will make it impossible to get the suspect for investigation in matter.
The case which hopes to change the modus operandi of the Nigeria Police Force, as it concerns investigations and arrests, is predicated on an Originating Motion filed at the Edo State High Court, Benin City in an attempt by the 3rd Respondent -one Sandra Palmer Agho, conniving with some Lawyers led by the 4th Respondent one Victor Nna Esq, to lie with a false Petition that attempted to turn the Applicant-Douglas Ogbankwa Esq., to a suspect in a Matter he acted in his Professional Capacity as Counsel to his Client – one Kelvin Uyi Martins -a Danish Nigerian, based on issues in which the Applicant acted only as a Counsel and in which the Applicant has not had any dealings whatsoever with said Sandra Palmer Agho outside the Police Station, except on her arrest on the 7th of January, 2023 at the Office the Area Commander, Benin Metro Of the 1st Respondent -the Nigeria Police, where the 3rd Respondent-Sandra Palmer Agho openly assaulted the Applicant in the Presence of the Area Commander Benin Metro and others, after which she was urged on by some Lawyers including the 4th Respondent to lay false accusations against the Applicant to cover up the case of assault, using the Office of the Officer in Charge of the Anti Car Theft Section , of the Zonal Investigation Department of the office of the Assistant Inspector General of Police Zone 5 HEADQUARTERS of the 1st Respondent, before the assumption of Office of the current AIG Zone 5 HEADQUARTERS..
In the Suit Marked B/83OS/2023:Douglas Ogbankwa Esq v Nigeria Police Force & Ors., the Applicant among other issues questions the illegality of the Principal Staff Officer to the IGP one CSP Abubakar Abdulkadir, in using his powers Arbitrarily, with out following due process and Seeks to Curtail the Arbitrariness of the use of the Office of the Principal Staff Officer -PSO to the Inspector General of Police- IGP and also the Harassment of Lawyers by the Police, who acted only in their Professional Capacity as Counsel at the Police Station. In the Novel Fundamental Human Rights Proceedings, the Applicant -Douglas Ogbankwa Esq, has set up the stage to determine a trail blazing Judicial Precedent, distills 5 issues for determination.
The case which hopes to change the modus operandi of the Nigeria Police Force is predicated on the process filed at the Edo State High Court, Benin City, against an attempt by one Sandra Palmer Agho -the 3rd Respondent conniving with some Lawyers led by the 4th Respondent -one Victor Nna Esq, to lie with a false Petition that attempts to turn the Applicant-Douglas Ogbankwa Esq., Who only acted as Counsel in the Matter to a suspect in a Matter he acted in his Professional Capacity for his Client -Kelvin Uyi Martins over issues that have to do with an illegal expropriation of his client’s properties among other issues .
The Suit also calls to question, the illegality of Police arbitrary arrests in Nigeria, the interpretation of Section 4 of the Police Act, 2020, which is the jurisdictional Cloth of the Nigeria Police and the alleged Professional Misconduct of one Victor Nna, Esq a Lawyer who knows the Applicant in person, who is alleged to have connived with the 4th Respondent, Sandra Palmer Agho in falsifying known facts on evidence to soil the name of the Applicant, knowing same to be false. The 4th Respondent was Secretary of the NBA Benin Young Lawyers’ Forum, when the 4th Respondent was a Coopted Executive Council Member of the Nigerian Bar Association, Benin Branch.
The case which is a watershed in Nigeria’s Criminal Justice System has caught the attention of some International Organisations which have been interested in the the operational matrix of the Nigeria Police Force, which have been hijacked by some Officers of the Force for self aggrandizement if not properly checked.
The Applicant seeks no monetary sum from the Nigeria Police Force, but only for Orders of the Court compelling adherence to due Process, while asking for N50,000,000:00k (Fifty Million Naira), against the 3rd & 4th Respondents for attempting to mislead the Nigeria Police Force, with alleged concocted false narratives and manufactured facts to soil the name and reputation of the Applicant.
The Applicant seeks a stop all across the Country to these unlawful actions of the Police and this case promises to be first of its kind in Nigeria. The case also interrogates deeply police investigation activities in Nigeria and the alleged arbitrariness of the use of the use of Office of the the Principal Staff Officer (PSO) to the Inspector General of Police (IGP), by the current holder of the Office-CSP Abdulkadir Abubakar to make two contradictory Instructions over the subject matter of the Suit, with out reference to the former and and with out an indication of the new facts arising, that gives the impetus (or lack of it) to the latter.
The Suit also calls to question, the illegality of Police arbitrary arrests before investigation, the interpretation of Section 4 of the Police Act, 2020, which is the jurisdictional Cloth of the Nigeria Police over Criminal Matters and the alleged Professional Misconduct of one Victor Nna, Esq- a Lawyer and known person to the Applicant, who is alleged to have connived with the 4th Respondent- Sandra Palmer Agho in falsifying known facts on evidence to soil the name and reputation of the Applicant, who is not in any way a party in the Matter, both knowing the said facts to be false.
The Applicant also seeks to curtail the Indiscriminate actions of some Lawyers, who act in an unprofessional manner by the facts available in cases and Calls for their culpability thereof.
The Applicant seeks a stop to the procedure of arresting before investigation in Nigeria, except such falls under the two legally acceptable exceptions known to Law and this case promises to be interesting, as it is the first of its kind in the whole of the Federal Republic of Nigeria, that will establish a Judicial Precedent on this Issue, for generations yet unborn.
Source: Barristersng.com
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