2 Chinese, 3 Nigerians drag IGP to court over alleged illegal detention

Two Chinese nationals and three Nigerians on Tuesday sued the Inspector-General of Police, Mohammed Abubakar, at the Federal High Court, Abuja, over alleged unlawful detention.

In a fundamental rights enforcement suit with file number: FHC/ABJ/CS/995/2019 brought by Zhang Xin and Yang Long, and three Nigerians, Kashim Abubakar, Olisi College and Shaibu Adam, the applicants sought an order of court restraining the respondents from further arresting or detaining them pending the determination of the originating motion in the suit.

Respondents in the suit are the police, the inspector-general, ASP Sunday Idowu and Zhang Xing.

The applicants are also seeking “an order directing the respondents to release the applicants who were unlawfully arrested and/or detained by the agents of the respondents unconditionally or on other terms as this honourable court may deem it fit and an order directing the respondents to immediately arraign the applicants before a competent court of law within 24 hours of the grant of this order.

“An order of substituted service of the motion on notice and all other subsequent processes in this suit on the respondents by serving them through any officer of the first respondent at the Force Headquarters, Abuja and that such service be deemed as proper service.

“An order abridging the time foe hearing the motion n notice and for such further order(s) as the honourable court may deem fit to make in the circumstances.”

In an affidavit in support of the ex-parte motion deposed to by one Kemi Esene, the applicants said they are employees of BN Ceramics Industry Nigeria Limited.

According to the applicants, the ownership and shareholding structure of the company is the subject of a pending civil matter at the Federal High Court, Lokoja.

They said that the company is registered under Part A of the Company and Allied Matters Act and carries on the business of production, sales, import and export of ceramic, tiles and ceramic products.

The applicants reminded the court that the second respondent at the behest of the forth respondent (Zhang Xing), filed a five-count criminal charge against the company’s directors before the court.

“On February 28, this court delivered its judgment wherein it discharged and acquitted the defendants to the criminal action of all the charges preferred against them, having found them not guilty of the said charges.

“But, the second respondent appealed against the judgment of this court vide a notice of appeal dated May 15,” they said.

They, however, expressed surprise that despite the subsisting judgment and the pending appeal before the Appeal Court, the second respondent invited the said directors for questioning.

The applicant explained that counsel to the company and the directors, Eloka Okoye, told the agents of the first and second respondents that they lack the power to investigate a matter which had already been settled by a judgment of the court.

The applicant narrated that on August 21, the said agents came to the company located at No 168, Ajaokuta-Itobi Expressway in Kogi State to arrest the directors without any warrant of arrest or order of court of competent jurisdiction but were resisted.

“Without having committed any offence, without a warrant of arrest and for no justifiable reason, the applicants were arrested by the agents of the first and second respondents on August 21 at the factory premises of BN Ceramics Industry Nigeria Limited,” they said in the affidavit.

Justice Nkeonye Maha therefore, directed that the respondents should immediately arraign the applicants before a competent court of law within 24 hours of the grant of the order.

She also granted that the respondents be served the motion on notice through substituted means.

Maha, who ordered that the respondents should come and show cause while the applicants’ reliefs would not be granted, adjourned until September 2.