She is seeking damages for molestation, torture, harassment and unlawful arrest and detention. The suit was filed on Thursday, June 6, 2019, on her behalf by legal luminary and human rights activist, Ebun-Olu Adegboruwa. In the suit, Mrs Braithwaite-Dosunmu is seeking a declaration that her arrest and detention at the Bar Beach police station on May 24, 2019, are illegal and unconstitutional.
She is also asking the court to declare that the acts of the policemen in alleged beating, punching and molesting her in an attempt to forcefully abduct her to Abuja, as constituting flagrant infringement of her fundamental rights.
She maintained that the police should not have been involved in a purely domestic family feud in respect of the running of their paper mill company, for which her brother, Mr. Olumide Braithwaite, had allegedly instigated the police to harass and torture her, to the point of endangering her health, leading to her admission in the hospital for treatment.
In a 35 paragraph affidavit deposed in support of the suit, Mrs. Braithwaite-Dosunmu stated in the court case that she is the managing director of the paper mill company that was acquired by their family with their late father, Dr. Tunji Braithwaite and board resolutions were duly passed and contracts signed for the disposal of certain scraps and disused equipment owned by the company, for which she alleged that her brother was seeking kickbacks from the buyer. He would later author a petition to the police containing spurious and unfounded allegations against her, for which policemen from Abuja stormed her mother’s house to demand for her arrest.
It was at Bar Beach Police Station, in Lagos, whilst she was trying to reach her family and friends on her plight that one of the policemen held her hands backwards whilst the other one rained heavy punches on her face and body, molesting and torturing her in the process.
She is thus seeking five million naira damages and an order of injunction restraining the police from further torture and harassment. Other reliefs being sought in the case are as follows:
A. A DECLARATION that the arrest of the applicant on Friday the 24th day of May 2019 by the agents, servants, men and officers of the 1st-3rdrespondents upon the instigation of the 4th respondent at Bar Beach Police Station, Lagos State, constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria 1990 and is therefore illegal, unconstitutional, null and void.
B. A DECLARATION that the assault, torture and detention of the applicant by the agents, servants, men and officers of the 1st-3rd respondents on Friday the 24th day of May 2019 at Bar Beach Police Station upon the instigation of the 4th respondent constitutes a flagrant violation of the applicant’s fundamental rights guaranteed under sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria 1990 and are therefore illegal, unconstitutional, null and void.
C. A DECLARATION that the respondents are not entitled in law to arrest, assault, detain, torture, harass, intimidate, embarrass, beat-up or in any other manner restrict the liberty of the applicant on account of any civil and lawful transaction in flagrant violation of the Applicant’s fundamental rights guaranteed under sections 34, 35, 41 and 43 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria 1990.
D. A DECLARATION that the statutory duties of the 1st-3rd respondents do not cover or extend to intervention in civil transactions willingly entered into by citizens and therefore the arrest, torture, assault, intimidation and detention of the applicant by the respondents over a civil transaction is illegal, unconstitutional and ultra vires the respondent.
E. A DECLARATION that the invitation of the applicant by the 1st respondent in respect and on account of a civil transaction and the threatened infringement of the applicant’s right as guaranteed under sections 34, 35, 41 and 43 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria 1990 is illegal, unconstitutional, null and void.
F. A DECLARATION that the every undertaking that may be forcefully extracted from the applicant by the respondents to issue post-dated cheques or to pay money to any person(s), to surrender any property to anybody and any such money paid or to be paid to any person(s) in respect of any civil transaction is illegal, ineffective, unenforceable, unconstitutional, null and void and of no effect whatsoever.
G. A DECLARATION that the applicant is entitled to her liberty and freedom without let or hindrance from the respondents, their agents, servants, officers or otherwise in exercise of her fundamental rights guaranteed under sections 35, 41 and 43 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 4, 5, 6, 9, 12 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap. 10, Laws of the Federation of Nigeria 1990.
H. AN ORDER OF INJUNCTION restraining the respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further violating the fundamental rights of the applicant through unlawful arrest, torture, harassment, threat and detention except and in a manner permitted and sanctioned by law.
I. AN ORDER OF INJUNCTION restraining the respondents from executing, enforcing or giving effect to the undertakings that may be forcefully obtained from the applicant or from enforcing or otherwise giving effect to the undertaking that may be extracted from her to issue post-dated cheques or pay money or surrender her property to any person(s) in breach of the fundamental rights of the applicant.
J. N5M (FIVE MILLION NAIRA) being special, aggravated, punitive and general damages against the respondents, jointly and severally for their violation of the applicants’ fundamental rights.
K. SUCH FURTHER OR OTHER ORDER(S) that this Honourable Court may deem fit to make in the circumstances.
The case is yet to be assigned to any court for hearing.
Buhari approves new appointment
President Muhammadu Buhari approved the appointment of Captain Musa Nuhu as the new Director-General of the Nigerian Civil Aviation Authority (NCAA).
Latest Nigeria newspaper report that It will replace Captain Muthar Usman. Until his appointment, Nuhu was the Permanent Representative of Nigeria to the International Civil Aviation Organization (ICAO).
He is an airline pilot, security expert, leading quality control auditor, and artificial intelligence expert. Nuhu has a master’s degree. Bachelor of Business in Aviation and was in the Presidential Air Fleet as Captain and security officer.
Latest Nigeria newspaper report that He also worked at Nigeria Airways, Aero Contractors and Petrowest, among other organizations.
Declare state of emergency on education – CLO tells Gov Emmanuel
The Civil Liberties Organization, a chapter of the state of Akwa Ibom, has asked Governor Udom Emmanuel to declare a state of emergency in the state’s education sector.
The president of CLO in the state, Franklyn Isong, said this in his office in Uyo, the state capital while informing journalists as part of activities to commemorate World Teachers’ Day with the theme “Young teachers: the future of the profession.”
He said the need became necessary to stop the serious decomposition of infrastructure and insecurity in state public schools.
Isong criticized the content of the education presentation recently organized by the state government, describing it as “urbanized” and not with the intention of capturing the deep crisis that was shaking the sector in the state.
He said: “It is worrisome and sad that most public schools in some communities in Akwa Ibom state are in ruins, insecure and left to the destiny of the communities without government attention.
“All that is needed is for the Governor to take bold steps by declaring a state of emergency in the education sector to build more classroom blocks in rural and urban schools, provide good infrastructure such as science equipment, libraries, laboratories, as well as review the education curriculum to ensure a better and safe future for children in the state of Akwa Ibom. ”
He thanked the state government for tameing the right to basic education of the Akwa Ibom child in free and compulsory education and urged the state government to do what is necessary.
“The right to basic education of all Nigerian children, as enshrined in the Child Rights Act of 2003 in Article 15 (1), had been tamed under the Akwa Ibom State Child Rights Act, to ensure that every child in the State of Akwa Ibom the right to compulsory, free and qualitative basic education. ”
Isong added that; “In the Fundamental Principles and Directives of State Policy, as set out in Chapter 2, Section 13 of the Constitution of the Federal Republic of Nigeria of 1999 (as amended), the government has the responsibility to ensure that the education of Nigerian children be free and qualitative. ”
He also urged the government to address the numerous complaints of delays in the payment of pensions and unpaid tips to relatives of late elementary school teachers with delays in 1991 and to provide an improved social assistance package for teachers in public schools throughout the state.
We will attack DSTV, MTN, Shoprite, Stanbic IBTC, others if they don’t leave Nigeria – Yoruba youths
After the xenophobic attacks against Nigerians and Nigerian companies in South Africa, the Oodua Youth Coalition, OYC, has granted South African companies and businesses seven ultimata to leave Nigeria.
Latest Nigeria newspaper report that the group president, Oluyi Akintade Tayo, the refusal of the interested parties to give in to the notice of resignation will mean death.
While expressing disappointment at the attitude of South Africans against Nigerians living and working in South Africa, particularly what they described as the continued silence of the South African government on development, the group emphasized that during the apartheid era, which was the time Difficult of In the rainbow country, Nigeria was firm with them.
The statement says: “Oodua Youth Coalition (OYC), the most crucial youth group in Nigeria that projects and protects the Yoruba nation in the country, is sad and angry because South Africans, with the support of the country’s authorities, are coordinating the looting and burning of Nigerian businesses and mutilations and murders of our brothers and fathers on earth.
“It is unfortunate that South Africa, which under the apartheid regime had the support and solidarity of the Nigerians and the government while the white supremacists reigned supreme, is now turning to inflict physical and psychological pain and injury to the people whose parents committed great harm.” part of wages and profits and the community to end the apartheid reign.
“The circulating video in which Mr. Bongani Mkongi, the Vice Minister of Police of South Africa, defended the attacks against Nigerians and other Africans confirmed our previous fear and doubts about the guilt of the South African authorities. It is disconcerting that the country whose former leader, the late Nelson Mandela, recognized Nigeria’s efforts to elevate the South African-led government, is expelling other Africans, mostly Nigerians, energetically and with shame.
“We have tolerated the excesses of these South Africans whose businesses have prospered in Nigeria without any physical and psychological attack. For months, the coalition has written several letters to the South African consulate in Nigeria requesting meetings to chart a way forward and find a lasting solution for these unfortunate and barbaric incidents that have still been ignored or have run into a brick wall.
“OYC, after an emergency meeting, has concluded plans to, as a matter of urgency, attack all South African companies and facilities in Nigeria, especially in the southwest region of the country. DSTV, MTN, SHOPRITE, STANBIC IBTC, and other outlets are our goals.
“Therefore, we give these South African companies a maximum of seven days to leave Nigeria or forget them, since our coalition, with other groups and comrades throughout the country, will attack them and burn them to ashes,” reads the notice.
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