A Businessman, Hon Samuel Ademusi, along with seven others, has taken the Assistant Inspector General of Police for Zone 17, Akure, Ondo state, to an Akure High Court in an attempt to avoid arrest and detention.
The applicants, namely Emmanuel Fadola, Badejo Isaac, Ayeni Akeem, Fakayejo Kayode, Olofinbo Oluwafemi, Ayo Alomaja, and Akin Oluyi, claim that they were summoned to the AIG Zone 17 office without being informed of their alleged offenses.
They assert that they have not committed any offenses that would warrant police invitation, arrest, or detention.
The eight applicants have also named Asani Bakare as a co-defendant and criticized the letter of invitation. They argue that it does not specify the nature of the alleged offense, making it impossible for them to prepare their defense.
According to the second applicant, Ademusi, in an affidavit filed before the court by their lawyer, Morakinyo Ogele, the letter failed to inform the applicants of the nature of the offense they were being invited for.
The letter from the AIG Office, Zone 17 Command, Akure, attached to the affidavit, reads: “This office is investigating a matter reported to the Assistant Inspector General of Police, Zone 17 Command headquarters, Akure, Ondo state. In order to facilitate the investigation, you are requested to report to the officer in charge of Zonal Intelligence Bureau (ZIB) at Zone 17 Command headquarters. You are to appear on 31/10/2023 at 12 noon.”
“Please note that this is a fact-finding exercise in the interest of justice and fairness. Accept the assurance and warm regards of the Assistant Inspector General of Police, Zone 17 headquarters, Akure, Ondo state.”
However, the applicants’ lawyer, Ogele, insists that the letter should have specified the offense for which they were being invited, as this would have ensured a fair hearing.
In light of this, the applicants are urging the court to restrain the respondents and their agents from further infringing on their fundamental human rights.
The applicants further implore the court to grant their prayers, stating that “any person who alleges that any of the fundamental rights provided for in the constitution or the African Charter on Human and People’s Rights (Ratification and Act) and to which they are entitled has been or is likely to be infringed may apply to the court in the state where the infringement occurs or is likely to occur for redress.”
Ogele asserts, “Our contention is that the letter is constitutionally deficient; it is too vague to comprehend. The letter should have specified the offense they were inviting for, which would have ensured a fair hearing. We finally submit that the first respondent should specify the reason(s) for the purpose of Exhibit. Having said this, we urge the court to grant the prayers of the applicants.”
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