Lagos APC chieftain appeals court ruling on fundamental rights infringement

Lagos-based businessman and Chieftain of the All Progressives Congress (APC), Mr Oluwatosin Onamade has appealed a court ruling delivered by Justice A.F. Pokanu dismissing his case of fundamental human rights violation.

Onamade had filed a case before the Ikorodu division of the Lagos State High Court seeking the enforcement of his fundamental human rights to dignity of human person, personal liberty, freedom of movement, and right to property.

Joined as respondents in the matter are Deputy Inspector General of Police (Force Intelligence Bureau, Area 10, Garki, Abuja), DCP Eloho Okpoziakpo (Force Intelligence Bureau, Area 10, Garki, Abuja), ASP Abubarkar Inwanfero, (I.P.O. Force Intelligence Bureau, Area 10, Garki, Abuja), and Fatiu Jimoh Salisu.

The applicant prayed the court for ‘a declaration that the search and invasion of the his house on 2nd day of July, 2021 at No. 1, Oluwatosin Onamade Street, Elemu, Oke-Eletu, Ikorodu, Lagos State by the Respondents without search warrant is unlawful, illegal and unconstitutional in that it violates his fundamental right of dignity of human person, personal liberty, freedom of movement and right to property guaranteed by section 34, 35, 39,43, & 44 of the Constitution of the Federal Republic of Nigeria 1999 (As amended) as well as Articles 4, 5, 6,. &7 of the African Charter of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990.

‘That a perpetual injunction restraining the Respondents whether by themselves, their Officers, Agents, Delegates, Servants, and/or Privies from arresting, detaining, harassing, molesting and/or intimidating the Applicant.

‘That the sum of N10million as compensation against the Respondents jointly and severally for breach of the Applicant’s fundamental human rights by the Respondents.

That for such further order or other orders as the Honourable Court may deem fit to make in the circumstances.

However, Justice Pokanu, in his ruling laid-off Onamade’s application stating that there was no merit to the allegation by the complainant.

Counsel to the appellant, Idowu D. Orekunrin, Esq. in an appeal motion with suit No: IKD/1153MFHR/2021 filed on behalf of Onamade, described the ruling as highly fraudulent and duplicitous saying the learned judge erred in law when the court takes into account matters which it ought not to have taken into account.

Onamade, in the filed motion, further declared that “the lower court erred in law when it held that the Applicant’s affidavit in paragraph 20 offends Section 115 of the Evidence Act on the ground that it did not disclose the name of the ‘team of Police Officers’ that informed him that the 4th respondent was granted administrative bail.”

Also, the Appellant stressed that the trial court was in grave error when it held that the applicant failed to lead cogent and credible evidence to prove and establish the search and inversion on his residence on the 2nd day of July, 2021.

The Appellant is however seeking reliefs at the Court of Appeal for an Order allowing his appeal, an Order that the judgement of the lower court was perverse and miscarriage of justice, an Order setting aside the cost of N200, 000.00 awarded against the Appellant in favour of 1st – 3rd Respondents and the cost of N200, 000.00 awarded against the Appellant and in favour of the 4th Respondent by the lower court as same is baseless and an Order entering judgement in favour of the Appellant.

Onamade’s began in April last year when some suspected thugs/cultists reportedly invaded his office – Western Funeral Home Limited, in Ijede, Ikorodu area of Lagos State.

WesternPost had reported how a group of hoodlums numbering at least 10 were alleged to have, on 16 of April 2021, attacked the office of the politician, killing one Mr. Ifeanyi Etunmuse Godfrey and inflicting severe machete cut injury on his brother, Oluwafemi Onamade.

Four out of the suspects who carried out the attack, namely Atunrase Sodiq Omolabi, Shittu Michael Olawale, Olaide Opeifas, and Olanrewaju Adebiyi, are currently facing murder, unlawful society, grievous harm, felony and other charges.

Speaking with journalists, Onamade explained that he has been subjected to series of dehumanizing treatment in the hands of men of the Nigeria Police since he instituted the case.

He highlighted moments of illegal and unwarranted arrests, torture, coerced statements amongst many sponsored encounters he faced.