Lagos High Court discharged and acquitted on Friday a traditional ruler in Otumara community in the Lagos Mainland of the state, High Chief Kehinde Kalejaiye, of rights violation charges filed against him by the deposed traditional ruler of the community, Festus Arowojolu, and others.
Arowojolu alongside Rotimi Arowojolu, Friday Arowojolu, Segun Arowojolu, Sola Adegun, and Jude Ojo had instituted a rights violation suit against the Lagos state Commissioner of Police, Special Enquiry Bureau, FCID, Alagbon, CP Special Squad, Investigating Police Officer, CP Special Squad 1 and High Chief Kalejaiye following their arrest and investigation by officers at the State Command over alleged threat to life of the monarch.
The lead counsel, Ibukun Ajomo, who held the brief of Festus Arowojolu and others, told the court that the arrest and detention of the 2nd, 3rd and 5th applicants by the Commissioner of Police Special Squad as instigated by the traditional ruler was a breach of their Fundamental Rights to personal liberty which was guaranteed by Section 35 (1) and (3) of the Constitution of the Federal Republic of Nigeria 1999 and Article 5 of the African Charter on Human and Peoples Rights.
He sought damages, exemplary damages, and the costs of filing application in favour of the Applicants.
In his counter submission, Counsel to Kalejaiye, Muftau Sanusi told the court that there is nowhere in the affidavit that it was stated by the Applicants how and when his client violated the rights of any of the Applicants.
According to him, it is an inalienable right of his client to report any suspicious move in his community or perceived threat to his life to the police, especially with the notoriety of the Applicants in the community.
The judge, M.M Balogun, ruled that the applicants failed to discharge the burden placed on them to prove that the rights of applicants as enshrined in the 1999 constitution of the Federal Republic of Nigeria and articles 5 and 6 of the African Charter on human and peoples rights were violated.
While dismissing the case, she held that; “The crucial issue for determination in this case is whether there is a breach of the rights of the applicants’ personal liberty or dignity of human person. This honourable Court found it noteworthy that some of the reliefs sought by the applicants are declaratory while there are injunctive damages and costs of filing the administration.
The nature of the declarative relief is that the applicants will prove their case in a fundamental rights enforcement application. The onus is on the applicants to establish credible evidence that their fundamental rights have been violated or threatened to be violated or likely to be violated. The applicants have failed to establish credible evidence that their arrest was instigated by the fourth respondent.
It is noteworthy to mention that section 4 of the Nigerian Police Act saddled the Nigerian Police among other things with the responsibility to prevent and detect crime and protect the rights and freedom of everybody in Nigeria as provided for in the constitution. Also, the applicants were not just arrested, there was a petition alleging threat to life of the fourth respondent.
This honourable court hereby affirmed that the applicants failed to discharge the burden placed on them to prove that the rights of applicants as enshrined in the 1999 constitution of the Federal Republic of Nigeria and articles 5 and 6 of the African Charter on human and peoples rights were infringed upon by the 1st, 2nd, 3rd and 4th respondents. In the light of the foregoing, this case is hereby dismissed.”
and then