By Joshua Chibuzo Andrew| Owerri
The Imo State chapter of the Nigerian Bar Association has called on the Inspector General of Police to immediately effect the suspension of ACP David Ogenyi and other concerned Officers over the alleged assault, Humiliation, torture, and unlawful detention of one of their colleagues; Chigozie Chinaka, Esq.
This the Imo NBA said is to ensure thorough investigation into the matter, as the presence of the accused officers could jeopardize the process.
Alternatively, they called for the officers to be transferred to any other State Police Command pending when the investigation is over.
This was disclosed on Thursday in a Release signed by the 5 Branch Chairmen of Imo NBA; D. U. ALINNOR, Esq; NBA Owerri Branch, BENNETH AMUKAMARA, Esq; NBA Orlu Branch, E. A. OCHIONU, Esq; NBA Okigwe Branch; CHIEF EZE IHEKORONYE, NBA Mbaise Branch; CHIEF NDUBUISI UHUEGBU, NBA Mbano/Etiti Branch, which was made avaliable to newsmen during the NBA Press Conference, at the Magistrate Court at Orlu Road in Owerri, the state capital.
The alleged assaulted lawyer, Chigozie Chinaka was present to narrate his ordeal at Police Station confirming that he was unlawfully detained, and assaulted for snapping the car of his client (Exhibit) who he said he was denied access to, and has being in detention since 5th of June.
According to the release, the Imo NBA noted that they have done their investigation and discovered that the accused officers have a case to answer.
Part of the Release reads:
“The branches of the Nigerian Bar Association in Imo State have noted with dismay the press release made by ASP Henry Okoye, the PPRO Imo State Police Command on Thursday October 5, 2023 and the narration he made on air at ZANDERS FM 105.7 Owerri on Saturday 7th October, 2023 over the assault, humiliation, torture and unlawful detention meted out on our colleague, Chigozie Chinaka, Esq., on Monday and Tuesday the 25th and 26th September, 2023, by ACP David Ogenyi, Police Area Commander Owerri Municipality, Imo State.
“It is very unfortunate and disheartening that the narrative of the PPRO over the incident is laced with utter falsehood as the PPRO only tried very hard to defend and justify the actions of the Area Commander Owerri Municipality, Imo State and his men. My
“Consequently, we need to make this press conference to put the records straight.
“The Bar officially received a written complaint from our colleague, Chigozie Chanaka, Esq., on Saturday 30th September, 2023, at the Monthly General Meeting of NBA Owerri Branch, over the assault, humiliation, torture and unlawful detention meted out on him Monday and Tuesday the 25th and 26th September 2023, by ACP David Ogenyi, and the men under his command and control, in the course of providing legal services to his client.
“The complaint we received from our colleague and member, Chigozie Chinaka, Esq., is hereby summarized as follows:
“That our colleague was consulted by a relation of a suspect in Police Custody Wisdom Mmaduka, who was arrested and detained by the order of ACP David Ogenyi since 5th June, 2023.
“That on Monday the 25th day of September 2023, our colleague visited the Police Area Command, Owerri Municipal, Imo State to render legal services to the above mentioned client, but he was not allowed to see the suspect.
He was told that the suspect was remanded on an Order of Court which he sought to see but none was shown to him.
“That while leaving the police station, our colleague’s attention was drawn to the car belonging to his client parked in the police premises. He admitted instructing his secretary to take photographs of the vehicle with the aim of using the pictures of the plate number to apply to court for the release of his client and his vehicle.
“That our colleague was arrested, humiliated, assaulted, tortured and detained overnight by the order of ACP David Ogenyi for alleged offence of taking pictures of a vehicle parked at the police station.
“That a senior member of NBA Owerri Branch – Charles Mgbenkonye, Esq., and a sitting Magistrate intervened at the Police Area Command, Owerri and asked ACP David Ogenyi to release our colleague on bail, but the ACP David Ogenyi bluntly refused.
“That ACP David Ogenyi in an attempt to cover his unlawful acts arraigned our colleague before a Magistrate Court 6, Owerri on three count charge in Charge No. OW/511c/2023, between COP vs. Chinaka Chigozie on Tuesday the 26th day of September, 2023.
“That some members of NBA Owerri Branch, a Magistrate, Assistant Chief Registrar of Imo State High Court, the wife of our colleague and our colleague’s secretary witnessed the ugly incident.
“At this juncture, we wish to bring the following to the attention of the public:
“That on the receipt of the information about the arrest and detention of our colleague, NBA Owerri Branch on Tuesday the 26th day of September 2023, sent M. Chukwurah Onuorah, Esq., the Secretary of the branch and Iyke Umah, Esq., the Secretary of Human Rights Committee of the branch to the Area Command, Owerri to confirm the position and secure his bail unconditionally;
“That the above named colleagues visited the Area Command as directed.
They interviewed the Area Commander and his 2i/c over the arrest and detention of our colleague. They also interviewed Chigozie Chinaka, Esq., and others that witnessed the incident, such as – a sitting Magistrate, Charles Mgbenkonye, Esq., and Chinwe Rosemary Chinaka, Esq.;
“Thereafter, they solicited for the administrative bail of our colleague, but the Area Commander bluntly refused. They also represented our colleague Chigozie Chinaka, Esq., upon his arraignment before a Magistrate Court;
“At the monthly general meeting of the branch, Iyke Umah, Esq., presented the Report of the delegation and confirmed the complaint made by Chigozie Chinaka, Esq.
“On the strength of the above, the NBA Owerri Branch at the monthly general meeting held on Saturday the 30th day of September 2023, made a resolution, wherein they strongly condemned the acts of the ACP David Ogenyi and the officers involved in the acts, and therefore call on the Inspector General of Police to kindly prevail in the SOS complaint and accordingly:
“Direct the immediately suspend ACP David Ogenyi and the concerned officers, to guarantee a thorough and unbiased investigation of the grave allegations leveled against him and other officers within the command, as his presence in office at the Police Area Command, Owerri will surely jeopardize the investigation in this matter;
“In the alternative, the immediate transfer of ACP David Ogenyi and the concerned officers from Imo State Police to any other State Police Command forthwith, pending a holistic investigation of this matter
“To constitute a five-man committee with the Hon. Attorney-General of Imo State as the Chairman with two (2) senior police officers and two senior members of NBA Owerri Branch to conduct a discreet investigation into the remote cause of the incident.
“We say NO to any form of police brutality, torture and impediment of lawyers from the discharge of their professional duties.
“Through our preliminary investigation, we make bold to state that ACP David Ogenyi and the concerned officers have a case to answer over the allegation levelled on them.
“The investigation further reveals that ACP David Ogenyi has been in the habit of insulting and molesting lawyers that visit Area Command, Owerri Municipality, either for their personal matters or on behalf of their clients.
“Finally, we urge the heads of security agencies in the State to admonish their officers to always work harmoniously with lawyers in the administration of criminal justice system, to report any lawyer who becomes unruly while performing his professional duties to Nigerian Bar Association for disciplinary actions.”
