Court Orders Arrest of IGP, Others Over Contempt

,,,,,,,Osun state commissioner of police, CP Kehinde Lounge has been ordered to arrest and remand the Inspector General of police (IGP) Usman Alkali Baba over continuous arrest, harassment and molestation of Onigun of Igun, in Atakumosa West local government area of the state, His Royal Majesty Oba Solomon Komolafe.

Justice Dr. A. A Aderibigbe of Osun state High court, sitting in Ilesa, gave the order on March 14th, 2023.

This judgement was passed according to a file with application no: HIL/M.4/2023 which was filed by six applicants: Ismaila Oyawola, Hammed Ajiboye, HRH Oba Temitope Solomon, Oyawola Morufu, Saka Lekan Akeem and Bright Benjamin Lekan on several arrests, detention, and molesting by Nigeria Police Force in the town.

,,,,,,,The respondents were the Inspector-General of Police (IGP), Usman Baba, Assistant Inspector-General of Police, Force Intelligence Bureau, Abuja, Commissioner Of Police, Osun State, Acp Uchenna Anionwo (Area Commander, Ilesa Command), Mr. Jona, Inspector Anthony Nwambara and DCP Tunji Disu (Commander of Police Intelligence Response Team).

The applicants approached the High court that the respondents in the case had declared the arrest, continuous detention & molestation of the monarch and Hammed Ajiboye on 25 January 2023 on unjustifiable grounds.

The applicants approached the High court that the respondents in the case had declared the arrest, continuous detention & molestation of the monarch and Hammed Ajiboye on 25 January 2023 on unjustifiable grounds.

,,,,,They also accused the Nigeria Police of continuous harassment, the threat of arrest, and detention, forceful seizure and continuous detention of three of the applicants’ vehicles (Toyota Camry with registration no. LSR 605 HN, Toyota Camry and Hyundai Sonata with registration. no. KTU 374 HP).

BACKGROUND

According to a verified source, he said: “in 2019, the youths of Igun Community In Atakumosa West local government area of Osun State protested environment degradation and pollution that the activities of miners were causing in the land. This protest gone awry and reportedly led to the killing of a youth by one of the security guards of the mine.

,,,,,“This was followed by unrest, and miners fled the town. Many properties of the miners were destroyed, including an excavator belonging to the miners which was burned.

“Three years later (2022), the community wrote the state Ministry of Environment and Sanitation that they wanted to remove the burned excavator (which has been reduced to a carcass), that it has started to constitute environmental nuisance.

“According to the letter, the excavator was also being used by criminals to hide their nefarious tools, and that the excavator was blocking the waterways, hence caused flooding.

,,,,,“The Ministry, through its consultants, approached the community to carry out an investigation on the said excavator. They found these to be true, then they approached the court to secure order to remove the excavator, this was granted. But because they couldn’t find anyone to serve the notice to, they pasted it on the body of excavator. After the expiration of the removal order, the consultant went back to court to secure another order to sell the excavator. This was also granted.

“They sold the excavator and put the money in the state government’s coffer.

“It was after they sold the excavator that the owner of it come around. He went after the consultant with police, and when he could not find him in his office, he impounded vehicles belong to three of the consultant’s clients. He then went back to the community and arrested the king and one of his chiefs.

“The community through its leaders approached an High court in Ilesha after this event and it gave Order of Interim Induction, pending the time the court makes its decision. This prevented them from arresting, detaining and harassing anyone in the community.

,,,,“The court also ordered release of the monarch and his chief from custody with a sum of #1m and one surety.

“After this, the miner summoned the community, Nigeria Police Force and all others who were involved in the case to court. They however refused to come to court, but hearings were going on.

“After the second sitting, they rearrested consultant, the king and the chief. This time around, they were taken to Abuja. Their release was also secured therein.

” Now their lawyer approached the court to pay them damages and release their vehicles. The lawyers also prayed the court should tell the miners to stop arrest, detention and harassment their clients.”

COURT JUDGMENT

,,,,,,After reading the motion and hearing the applicant’s counsel, R.T Kolawole Esq prayed to the court to grant all the reliefs sought while the respondents were absent and not legally represented haven seen the proof of service in the court file.

Justice Dr. A.A Aderibigbe then ordered as followed: “I have listened to the above application, and I have perused the processes contained in the file, there is evidence before the court that all the respondents were served with the application variously on 03/02/2023 and 06/02/2023, but they have refused to file any response to this application.

“The law is trite that uncontroverted and unchallenged affidavit evidence by an adverse party is deemed to have been admitted by him, and the court is justified in utilizing the same given the above, I hold that the applicants have successfully proved this case against the respondents.”

,,,,,,,,,,Their case therefore succeeds, and all the reliefs sought are accordingly granted:
“I also order that all the vehicles of the applicants seized by the respondents and presently within the premise of the state C.I.D , the Nigeria Police, Osogbo, Osun state, be released forthwith to the applicants by the respondents or the officer(s)-in charge of the state C.I.D., the Nigeria police, Osogbo, Osun state.”