Justice Jide Falola of the Osun State High Court has issued form 48 against the police and threatened to commit the Inspector General of Police to prison.
This is following the arrest and detention of the candidate of the Peoples Democratic Party, PDP, in Osun State during the last governorship election, Senator Ademola Adeleke, on May 6, 2019.
Adeleke had approached the State High Court, Ikirun seeking for his fundamental rights to personal liberty and right to freedom of movement and the court presided over by Justice Falola ordered the police not to arrest or detain the lawmaker pending the determination of the substantive case filed before it.
Justice Falola had based his own ruling on an earlier court ruling by Justice I.E Ekwor of the Federal High Court, Abuja who had granted Adeleke leave to travel out of Nigeria to the United States of America between May 7, 2019 and June 9, 2019 for medical attention.
Justice Falola noted that the ruling of the Federal High Court has incapacitated the respondents from arresting or detaining the applicant adding that, “A calm sober and judicial wisdom dictates that I allow the Order made by my brother, Ekwor J. of the Federal High Court Abuja in Charge No, FHC/ABJ/CR/156/2018 on Friday 3rd May 2019 to continue to operate.”
But on May 6 when the Osun High Court order was made, Adeleke was arrested, detained and arraigned on issues bordering on his WAEC certificate and Testimonial issued by Muslim Grammar School, Ede.
In a five-count offence, Adeleke was accused of presenting fake documents to contest the 2017 senatorial election which he won by defeating the All Progressives Congress (APC) candidate, Senator Mudashiru Hussein.
In his ruling on Wednesday, May 22, 2019, Justice Falola issued form 48 against the police, asking them to take notice of consequence of disobedience of court order, warning them that they would be guilty of contempt of court “and will be liable to be committed to prison.”
Meanwhile, in the fresh suit on Wednesday, Adeleke dragged the IGP, the Assistant Inspector of Police (AIG), Zone 11, Simon Lough, an Assistant Commissioner of Police (ACP) and John Faluyi, an Assistant Superintendent of Police (ASP) and prayed court to further impress it on the respondents of the order made on the matter.
The applicant lawyer, Barrister Kanmi Ajibola, expressed dissatisfaction over the attitudes of the Nigeria Police, saying despite the fact that the respondents were duly served the court order, they still went ahead to arrest and detain the senator.
In a 31 paragraph affidavit before the State High court, which was sworn to by the Principal of Muslim High School, Ede, Mr. Kalidi Adejare Abass gave a vivid account of the several incidents on the matter, including his arrest and the perpetual physical and psychological torture he was subjected to just to nail Adeleke.
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