Release unlawfully detained engineer, court orders police

IGP KAYODE EGBETOKUN

Justice Akintayo Aluko of a Federal High Court, Ikoyi, Lagos has ordered the Nigeria Police Force (NPF) to admit a Nigerian Marine Engineer, Godswill Gold Gageche to bail.

The judge equally directed the release of the Engineer immediately from the detention and custody of the Commander, Commissioner of Police (CP) Lagos State Special Squad, Ikeja, Lagos cell situated at the NPF Lagos Command Headquarters, Ikeja, pending the hearing and determination of the substantive suit.

Furthermore, Justice Aluko made an order mandating the Bailiff of the Federal High Court, Lagos to serve the order of immediate release of the Applicant and all processes and further abridge the time to hear the application on the Respondents jointly and severally and more particularly the officers and men, staff, employees, agents and or privies of the Commander, Commissioner of Police, Lagos State Special Sqad, Ikeja, Lagos at the endorsed addresses pending the hearing of the application on notice.

Also affected by the order of the court are the Inspector General of Police (IGP), and the Commissioner of Police, Lagos State who are defendants in the suit, while Quest Shipping Limited was joined as the fourth defendant.

The order of Justice Aluko came consequent upon a fundamental rights enforcement suit filed on behalf of Engineer Gageche by a Lagos-based lawyer, Nelson Otaji.

Justice Aluko adjourned until August 16, 2024 for report of compliance.

It would be recalled that in an application with affidavit of urgency, accompanied by affidavit sworn to by the wife of the applicant, Patience Abasido Gageche, it was argued that her husband is a Marine Engineer and particularly the Chief Executive Officer (CEO) of GGG Integrated Solution Services Limited.

Mrs Gageche revealed that on July 13, 2024, at about 2pm, she had visited her husband in the police cell where he is detained, and that he informed her, and she verily believed him that the 4th Respondent, Quest Shipping Limited, wilfully and maliciously wrote a petition to the Respondents and misrepresented the fact, and particularly stated that the Applicant had vandalised the Res (Mt. Alexander J).

In the suit designated FHC/L/CS/241/2023, that is still subsisting before the Federal High Court, the cause of action as per the 4th Respondent pleadings discloses that in October 2021, the Marine Engineer entered into contract between the Applicant's Company — GGG Integrated Solutions Services Limited and Quest Shipping Services Limited/herein the 4th Respondent.

Mrs Gageche stated that the 4th Respondent obtained an order of arrest and detention of its vessel, Mt. Alexander J, to be investigated by the Economic and Financial Crimes Commission (EFCC), premised on the 4th Respondent's said petition, the 3rd Respondent had without notice or invitation to her husband and or the Applicant, sent officers, servants, agents and privies, who stormed their personal residence situated at No. 6 Victory Crescent, Akute, Ogun State at about 9:45 pm on July 12, 2024 and arrested him and had been in detention in the cell situated at the Nigeria Police Headquarters, Ikeja, Lagos State.

While adding that the Commander, CP Lagos State Special Squad, Ikeja had maltreated the Applicant and more particularly restrained his movement and denied him the right to reach his family members by seizing his cell phones, Mrs Gageche asked the court to order the tendering of an apology in three national newspapers for unlawful detention.

She also wants, “An order of perpetual injunction against and to restrain the 1st-3rd Respondents, their officers, servants and or privies from further arresting, detaining and curtailing the freedom of movement and until the final determination of suit no. FHC/L/CS/241/2023.

“An order compelling the Respondents, jointly and severally and more particularly the 2nd-3rd Respondents, their officers, staff, employees, agents and or privies to produce the Applicant before the Honourable Court and be admitted to bail.”

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