Court to rule on rights violation suit by deposed Lagos traditional ruler, October 2

A High Court in Lagos has reserved judgement in a ‘rights violation’ suit filed by the deposed traditional ruler of Otumara community, Festus Arowojolu and others, against officers of the Lagos State Police Command and the traditional ruler of the community, High Chief Kehinde Kalejaiye until October 2.

Arowojolu alongside Rotimi Arowojolu, Friday Arowojolu, Segun Arowojolu, Sola Adegun and Jude Ojo had instituted a rights violation suit against the Commissioner of Police, Special Enquiry Bureau, FCID, Alagbon, CP Special Squad, Investigating Police Officer, CP Special Squad 1 and High Chief Kehinde Kalejaiye following their arrest and investigation over alleged threat to life of the respondent.

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 therefore sought damages, exemplary damages and the costs of filing the 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 it was stated by the Applicants how and when his client violated the rights of any of the Applicants.

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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.

He stated further, “The issue before the court today is the issue of fundamental human rights and not chieftaincy or community disputes as my learned friend would want the court to believe. There is nowhere in the affidavit it was is stated that the fourth respondent breached the rights of any of the Applicants. They only claimed that the fourth respondent complained to the police about the alleged threat to his life which is the inalienable right of the fourth respondent.

It is the right of my client to report to the police any threat to his life and the onus is on the police either to investigate or not. It is entirely the responsibility of police and it is their discretion to investigate or not, especially with the notoriety of all applicants in the community.

And lastly, on the purported judgement obtained by the dethroned traditional ruler, Festus Arowojolu, my Lord, the fourth respondent is not a party in that judgment and as such it is not binding on him.”

The presiding judge, Justice M.A Balogun reserved judgment on the matter until October 2.

NIGERIAN TRIBUNE