Police IG asked to investigate Shocking Extrajudicial Killing of 9 men for Alleged Robbery
The Inspector General of Police.,
Louis Edete House,
RE-REQUEST TO INVESTIGATE, PROSECUTE ALL POLICE OFFICERS INVOLVED IN THE ILLIGAL INCARCERATION /EXTRAJUDICIAL KILLING OF MSSR PATRICK UCHECHUKWU, PATRICK FRIDAY, JOHN ONAH, MONDAY ALI, FRANKLIN OCHIFE, VINCENT MICHEAL, INALEGWU OMIKPA, CHUKA EKWE ON ALLEGED ROBBERY CASES. Dr Davidson George on Defamation of character
Above subject matter ref: C/2019/CPR/1027/HQ
Section 35(1) (c) of the constitution prescribed the grounds upon which a person can lose his right to liberty or put more elegantly, the section provides that the right to personal liberty can only be derogated among other things upon reasonable suspicion of having committed a criminal offense or to such extension as maybe reasonably necessary to prevent his committing a criminal offense. But again, Section 35(4) provides that any person arrested or detained in accordance with Section 35(1)(c) shall be brought before a court of law within a reasonable time.
Section 35(5) defines reasonable time to mean a period of one day or two days where there is a court of compitent jurisdiction within a radius of forty kilometers or otherwise or such longer period as in the circumstances maybe consider by the court to be reasonable.
In the instant cases applicants have been in the custody of the IGP-IRT SARS office Abuja for minimum of six (6) months to one year in some cases except for Dr George Davidson was abducted for 8 days. There are no justification for the keeping the applicants in continued detention without producing them before a court to answer to a charge, if any, against them.
The period of detention especially in absence of a detention order from a COURT OF COMPPETENT JURISDICTION has become unreasonable. All the applicants were tortured, shot, starved of nutrition since their detention at the facility of IGP-IRT Abuja. Some are killed extrajudicial
Section 34(1) of the constitution of the Federal Republic of Nigeria 1999 provides that every individual is entitled to respect for dignity of his person and accordingly, no person shall be subjected to torture or inhuman or degrading treatment. Our jurisprudence condemn physical harassment or assault as often carried out by Sgt Adamu Samuel, Inspector Anthony Samuel (AKA TONY fineboy) Inspector Vincent Makinde (the executioner) they extort the applicants and family members.
It is the law that any violations of a citizen guaranteed fundamental right, for howsoever short a period must attract penalty under the law. See ALAROH vs BOYES (1984) 5NCLR830. see Also JIMOH ‘s A. G-FED( 1988)1 HRLA 513. persons or state agents who are called upon to deprive other persons of their personal liberties in discharge of what they consider to be their duty should strictly observe the forms and rules of law.
At this point, we repeat to the state that the issues here is not whether the Applicants are suspected of having committed a crime but whether their continuous detention is a violation of their fundamental rights especially under the inhuman and degrading treatment meted on them in the absence of bail and arraignment or even detention order . It is in our view that the IGP-IRT are in gross violation of the the Applicants fundamental rights.
The NPF as enforcement agency is not in dispute but should be a law enforcement agency within the precept of the the constitutional provisions. We ask, can the IGP-IRT constitutes itself to be three in one at the same time (Nigerian Police Force, The Judiciary officials and Nigerian Prison Services)? This is what is currently practiced by the IGP-IRT Abuja.
We pray you to investigate and prosecute all police officers linked to these brutality, killings(some of the applicants were tortured and killed with bullet wounds) and indefinite incarcerations.
Dr Davidson George,
Chief Analyst Research,
13th March., 2019
Cc: The Executive Secretary,
National Human Rights Commission,
Police Service Commission,
Federal Secretariat, Abuja