A Nigerian, Damilare Ajiboye Samuel, has instituted N50 million rights breach enforcement suit against the National Drug Law Enforcement Agency (NDLEA).
Damilare popularly called Na God, in his suit marked FHC/L/CS/1866/24, filed by his lawyer, Bayo Onifade, is pursuant to Section 46 of the 1999 Constitution of the Federal Republic of Nigeria; Order II Rules 1 and Order 2 and 3 of the Fundamental Rights Enforcement Procedures; Article 5, 6 and 12 of the Chapter on Human and Peoples Rights (Ratification and Enforcement Act) Cap 10 Laws of the Federation of Nigeria 1990 and under the court’s inherent jurisdiction.
The applicant, who ha been in the NDLEA’s custody since September 25, 2024, without any formal charges against him is asking the court for the following reliefs: “a declaration that his arrest and detention since the 25th day of September, 2024 without charge is unlawful, unconstitutional null and void.
“An Order releasing to him from the custody charging of the Respondents forthwith.
“An order for the payment of N50 million only, as damages in his favour, for his unlawful arrest, detention and continued detention. And for such further order or orders as this Honourable Court may deem fit to make in the circumstances.”
The Businessman listed the following grounds as bases for the reliefs sought: “the arrest and detention of the applicant since the 25th day of September, 2024 without charge is unlawful, unconstitutional null and void.
“The Applicant has not committed any of fence. An that the respondent are trying to implicate the applicant with possession of substances suspected to be Cannabis found on the 4 September, 2023 at No. 19 Imoru Street, Akala Mushin, Lagos. And that the applicant is a businessman dealing in automobile sales and hire purchase.”
The detained businessman in his affidavit in support of the suit deposed to by Babatunde Adelakun, Litigation Clerk in the Chambers of Adebayo Onifade & Co, made the following aveerments; “that by reason of his detention in the custody of the Respondent, the Applicant is unable to depose to this affidavit. And that I have the consent and authority of the Applicant and my employers to depose to this affidavit.
“That the Applicant is a businessman and Managing Director of Sam Boye Dam Motors and deals in automobile sales and hire purchase. And that sometimes on the 4th September, 2023, operatives of the Respondent raided a drug hideout at No. 19, Imoru Street, Akala Mushin Lagos where some quantity of weeds suspected to be Cannabis was recovered
“That shortly after the discovery on the same day, the operatives of the Respondent went to the Applicant’s house at No. 9, Adedoja Street, Mushin Olosa Lagos, where they broke into his house but found nothing incriminating in the house. And that the operatives of the respondent arrested four persons, two young women and two young men namely; Idowu Babatunde, Miss Ayisa Balogun, Adam Fatai Olawunmi and Mrs Folashade Bamishaye and took them to their Gbagada Office, where they were released two days later.
“That operatives of the respondent took away from the house of the Applicant at No. 9, Adedoja Street, Mushin, Lagos, several items including two of the Applicant’s framed pictures, a counting machine, motor dealer plate numbers, keys to several vehicles, company documents, SCUMUL certificate amongst others.
“That shortly after this incident sometimes in October, 2023, the applicant was shocked to learn that the framed pictures taken away from his residence was placed besides some bags of weeds suspected to be Cannabis and posted on the respondent’s website that the said bags of Cannabis belongs to him, with a claim that he is at large.
“That we caused of our colleague Nasir Salau & Co to write a protest letter dated October 26, 2023 to the respondent’s Commander, at Lagos state, stating that the applicant was innocence and was ready to presence himself to the Agency to prove his innocent. And that despite this letter and after several visits, nothing was done by the respondent till the 25th September, 2024 when the operatives of the Respondent arrested, the Applicant at the Guaranty Trust Bank, Ijebu Ode Branch, where he had gone to do banking transaction.
“That following the applicant’s arrest, Counsel wrote a letter to the respondent’s Chairman/Chief Executive. And that when I visited the applicant in the custody of the Respondent on On the 10th October, 2024, in the company of his wife, the applicant informed me and I verily believe him as follows: ‘that he is innocent of the allegation of drug dealing and he has reduced these facts in to writing in his statement which he made.
‘That he informed the operatives of the Respondent that he has no connection with the house where drugs (Cannabis) was recovered. And that his continued detention has caused him untold hardship on him, his family and aged mother.
‘That the continued detention without administrative bail or trial has caused immeasurable physical and psychological trauma on him and has affected his health greatly. And that on the 12th October, 2024, outside the premises of the respondent’s office NAHCO along Airport Road Ikeja, Lagos, one of the Counsel by name Paschal Bekeh Esq informed me and I verily believe him as follows: ‘that the continued detention of the applicant by the respondent is a grave infringement of the Applicant’s constitutionally guaranteed right to personal liberty, fair hearing and the presumption of innocence.
“That the Fundamental Principles upon which bail is founded are: ‘That a defendant/applicant is presumed innocent until he is proven guilty and that before Conviction, bail is a right and the burden is therefore on the Respondent to show why the Applicant should not enjoy these rights.
‘That the Respondent’s recourse the indefinite detention of the Applicant without charging him to Court is a calculated attempted to subject the Applicant to emotional torture and frustrate him. And that unless and except this Honourable Court intervenes, the Respondent will continue to detain the Applicant in custody perpetually.
“That the applicant has severally reiterated his innocence to me and I verily believe him. And that it will be in the interest of justice if this application is granted and the Respondent would not be prejudiced by the grant of this application.”
NDLEA is yet to file any counter to the suit, despite being served with all the processes filed by the applicant.