A Lagos-based Lawyer, Anthony Makolo, has taken the Nigeria Police to a Federal High Court Lagos, demanding the enforcement of his fundamental rights and return of his Certificate of the Call to Bar.
In his suit, FHC/L/CS/2111/18, the lawyer joined the Inspector General of Police, Deputy Inspector General of Police, Force Criminal Investigation and Intelligence Department (FCIID) Alagbon, Supol Olademeji, and Insp. Ayeni as first to fourth respondents.
The complainant explained that he had acted as legal practitioner to two clients over a property dispute, and had accompanied them to the FCIID Alagbon office, on November 6, this year following police invitation.
He said that after the statements of his clients were obtained by the fourth respondent, they were released on bail with one surety, who duly executed the bail bond, while his clients were asked to report back the following day November 7.
According to him, his clients reported back the following day as directed, and were subsequently discharged by the fourth respondent, who promised to inform them “whenever the need arises”.
Makolo said that he was surprised when on November12, the third and fourth respondent accosted him at the Yaba Magistrates’ Court, handcuffed him, and pushed him into a waiting Honda Car, and drove off to their office.
He said that when it dawned on him the possible reason for his arrest, he immediately reminded them that he was not a surety for his client, but had only recommended their bails, adding that the surety is the proper person to be invited where they fail to show up.
According to him, the complainant replied that they had no time for that, adding that it took the intervention of his colleagues who had seen him whisked away from the Yaba Court, to seek his bail the following day November 13.
He said that he was admitted to bail with two sureties, while the original copy of his Call to Bar Certificate, was seized by the respondent, and same has not been released to him till date, despite repeated demands.
The complainant, therefore, seeks a declaration, that his detention over the bail recommendation on behalf of his client, is unlawful, adding that the respondents are a creation of the law, and must act within lawful limits.
He also seeks an order, declaring the seizure of his Certificate, as a flagrant abuse and violation of his right to legal practice, and urges the court to order the immediate release of his practising certificate.
He claims the sum of N50 million in damages, against the respondents, jointly and severally, for breach of his fundamental rights.
No date has been fixed for hearing of the new suit.