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By Madu Obi
A businessman, Tochukwu Nwokoye Nwosu has dragged the Officer in Charge of Police Rapid Response Squad, RRS, Awkuzu , CSP Ifeanyi Iburu to an Anambra High Court sitting in Awka, claiming N20 million for alleged breach of his fundamental right to personal liberty.
In the Suit no. A/MISC 392/2024, Nwosu is seeking a court declaration that his arrest by CSP Iburu at Kamali Phase III, behind Dubai Estate, Awka on the 4th day of September, 2024, was unlawful and a clear violation of his fundamental rights to personal liberty.
The suit was accompanied by a sworn affidavit and exhibits in support.
He asked the court to declare
that his detention by the respondent inside the cell of the Police Rapid Response Squad, RRS, Awkzu infringed of his freedom.
Nwosu is also seeking an order of perpetual injunction restraining the respondent from further arresting and detaining him and for the police officer to render a public apology to him for the unlawful arrest and detention.
His counsel, Joseph Eze, said the grounds upon which the reliefs are sought include the fact that every Nigerian, pursuant to section 46 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, who alleges that any of the provisions of chapter 4 of the constitution has been, is being or is likely to be contravened in any state in relation to him, may apply to the High Court in the State for redress.
Eze said: "By virtue of section 35 of the 1999 Constitution of the Federal Republic of Nigeria, every citizen of Nigeria, including his client, is entitled to fundamental rights to personal liberty.
The arrest and detention at the cell of the police Rapid Response Squad, Awkuzu of the applicant on 4/9/2024 and between the hours of 10am and 10pm by the respondent runs contrary to the spirit and letters of section 35 of the constitution of the Federal Republic of Nigeria (as amended)".
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