. as detainee’s lawyer petitions Anambra CP over CSP Iburu’s alleged flagrant disobedience of court order
By Chuks Eke
Officers and men of the Rapid Response Squad, RRS, Awkuzu, Anambra state, formerly known as Special Anti-Robbery. Squad, SARS appeared to have turned down an order from an Onitsha High court directing them to release a security guard, Anthony Moses, an Indigene of Plateau. State, from detention.
Justice Theophine Oguji of Anambra state High court sitting at Onitsha Judicial Division had on Tuesday, October 3, ordered the police to release the guard from the custody but as at the time of filing this report, Moses was still in the RRS custody at Awkuzu, barely three weeks of his arrest and detention and barely two weeks of the court order.
The court order was sequel to a motion ex-parte brought by Moses, the applicant against the respondents, including Sir Emeka Offor, Mr. Suleiman, Onitsha Area Manager, National Inland Waterways Authority, NIWA; Anambra State Commissioner of Police, CSP Ifeanyi Iburu, RRS Commander, Awkuzu and the Inspector-General of Police, IGP as 1st, 2nd, 3rd, 4th and 5th defendants respectively.
In the motion filed on his behalf by his legal counsel, F. A. Ogbuli with Ben Ikeagwu Esq, the applicant who was arrested on Tuesday, September 24 in his duty post at Plot IN/65 Harbor Industrial Layout, Onitsha had prayed the court to order the respondents to release him from the police custody, pending the determination of the substantive suit.
In the motion brought pursuant to the Provision of Sections 34, 35, 37 and 46 of the 1999 Co’stitution as amended and Order 2, Rules 1, 2, 3, 4 and 5 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and under the Inherent Jurisdiction of the Honourable Court. Moses had specifically prayed the court to order his release from the custody of the 4th respondent (CSP Ifeanyi Iburu, Commander of the RRS, Awkuzu), pending the determination of the substantive suit.
He also prayed the court to grant an injunction restraining the respondents, their servants, agents and privies from further arresting, detaining, harassing or molesting him or taking any further step in connection with the subject matter, pending the determination of the substantive suit.
An order for service of the processes in the suit on the 4th and 5th respondents, CSP Iburu and the IGP by delivering same to the Legal Department of the RRS, Awkuzu and an order that the processes so delivered and served as ordered by the court be deemed proper and appropriate and for such or other orders as the court may deem fit to make in the circumstance of the case.
In his ruling, Justice Oguji ordered that the applicant be released from detention forthwith, pending the determination of the substantive suit.
Adjourning the substantive suit to December 3, this year, for further proceedings, Justice Oguji also ordered that the respondentts, their servants, agents and privies be restrained from further arresting, detaining harassing or molesting the applicant, pending the determination of the substantive suit.
Meantime, Moses’ lawyer, Ben Ikeagwu Esq has petitioned Anambra State Commissioner of Police, requesting him to use his good offices to not only call the RRS Commander, CSP Ifeanyi Iburu to order but also ask him to obey the court order and release his client from the RRS custody.
In the 12- paragraph strongly worded petition, dated October 18, 2024, Ikeagwu contended that the unlawful act of continuous detention of his client against the order of the court is unbecoming of the Nigerian Policing system.
According to Ikeagwu, “we are sure that the Nigeria Police is not known or reputed for flagrant disobedience of court order”.
In the petition entitled: “a case of flagrant disobedience to a court order, illegal detention of one Anthony Moses and gross abuse of police powers by CSP Ifeanyi Iburu, the officer commanding RRS, Awkuzu”, Ikeagwu recalled that Moses, a security officer under the employ of G. E. Obi Trading Company Limited to secure the property at Plot IN/65 Harbor Industrial Layout by the new Second Niger Bridge, Onitsha, was arrested by CSP Iburu at his duty post on September 24, 2024, detained and has consistently been denied access to food, medicare and or visitation till date.
He stated that when RRS could not release Moses on bail despite several pleas and his deteriorating health condition, they became aware that CSP Iburu is simply playing the script of his paymaster, Sir Emeka Offor and not under the Instruction of the Inspector-General of Police whom we know is law abiding and cannot advice anybody to disobey the order of the court.
He expressed the fear that with his client being in the custody of CSP Ifeanyi Iburu without access to food or medication, the detainee may die in the dungeon where he is being detained adding that his body may be discarded without traces.
Reacting to the petition, the state Police Public Relations Officer, PPRO, SP Tochukwu Ikenga, told newsmen in his office that he would take up the matter and verify the extent CP has handled it.
