A Federal High Court in Lagos has restrained the Inspector General of Police (IGP), Mohammed Abubakar, the state’s Commissioner of Police, Umar Manko and two others from arresting, detaining and treating in a humiliating manner, a Lagos businessman, Ken Uche Oraka.
Justice John Tsoso, in a ruling, also made a restraining order directed particularly at the Deputy Commissioner of Police, Force Headquarters, Abuja. The ruling was on a motion ex-parte filed by Oraka, the proprietor of Ken-Ashley Auto Shop, Lekki-Epe Expressway, Lagos.
The applicant had alleged, in his supporting affidavit, that his wife, Lizzy Oraka, had on several occasions, instigated men of the police to harass, arrest and detain him and sometime, compelled to do her bidding.
Oraka averred that his constant unlawful arrest and detention resulted from a disagreement between him and his wife over the paternity of the last of their three children.
He added that the alleged intimidation by the police was a ploy to frustrate his prosecution of a suit he filed against his wife at the Lagos High Court, in his effort to retrieve some of his assets he was compelled, while in police detention, to cede to his wife
He told the court that unless the police was restrained, they would persist in their act of alleged unlawful breach of his right to freedom of movement before the final determination of his substantive fundamental rights enforcement suit pending before the court.
Convinced that there was merit in the application, Justice Tsoho granted an order of interim injunction, restraining the IGP, CP, Lagos and the Deputy Commissioner of Police (DCP), State Criminal Investigation Department (CID), Panti, Yaba, Lagos from harassing, arresting and detaining Oraka at the instigation of Mrs Oraka in respect of all issues relating to the pending fundamantal rights enforcement suit.
The judge particularly restrained the DCP, Force Headquarters, Abuja “from taking any step, including inviting, arresting or detaining the applicant in connection with the subject matter of this action and further directing all officers of the Nigeria Police to stay all actions in this respect.”
Justice Tsoho held that the orders were made pursuant to Order IV, Rule 4 (iv) and (v) of the Fundamental Rights Enforcement Procedure Rules 2009. The orders are to subsist pending the determination of the main suit.
Further hearing has been fixed for February 21.
Named as defence in the substantive suit are his wife, the IGP, CP, Lagos and DCP, Panti, Lagos. He is seeking among others, an order declaring his arrest and detention on several instances, including on June 17, 2001; April 2 and March 1, 2012 as unlawful.
Oraka, who is seeking N50million damages against the respondents, also wants an order restraining men of the Nigeria Police from further arresting and detaining him in respect of the allegation made against him by his wife and on which a magistrate’s court in Ebute-Metta, Lagos had adjudicated and discharged him.
Mrs Oraka has denied all allegations made against her in Oraka’s application. She admitted being his wife and denied any disagreement over the paternity of any of their three children.
She also denied instigating the police or any of its personnel to intimidate, arrest and detain her husband. She averred in a counter affidavit, that her husband was never compeled into ceding any of his property to her.
Mrs Oraka stated that she co-owned the property with her husband from the date of acquisition as they were both convinced that as a happy family then, they needed not acquire property in their separate names.
She stated that she only involved the police in their family feud when her husband allegedly threatened to kill her, using a gun.
