3rd July, 2018
Dedeigbo Ayodeji
Chairman of bureau de change at the Alade market on Allen Avenue in Lagos Alhaji Abubakar Samaila has asked the Federal High Court Lagos to order the Inspector-General of Police, Ibrahim Idris to release him from prison pending the determination of the suit he instituted against his arraignment.
In an application for the enforcement of his fundamental to personal liberty, the plaintiff in suit number FHC/L/CS/1780/17 averred that he was wrongly detained by the defendants for an offence he did not commit.
The defendants are the Police Service Commission, Inspector-General of Police, Abdulmumuni Usman (6th defendant) and three others’.
The applicant in his statement said he has not done anything or committed any offence to warrant his detention in prison.
The applicant is seeking a declaration that there is no evidence linking him with any offence which calls for his arraignment before the court.
He is also seeking the court declaration that the threat by the 1st to 5th defendants to arraign him at the behest of the 6th defendant is arbitrary, perverse, unlawful and unconstitutional but also contrary to the national policy on prosecution.
He is therefore seeking an order of perpetual injunction restraining the respondents jointly from arraigning him based on the fathom allegation by the 6th respondent pertaining to the payment of N156,000,000 on 17 September, 2009 into First Bank Account Number 2432201005355 belonging to Jirenson International Nigeria Limited.
He is also seeking damages in the sum of N2m against the defendants.
In his affidavit of support deposed to by Danjuma Saidu who claimed the applicant is his cousin, he claimed that sometime around 15/9/09, a customer approached the applicant to change $1m and after negotiations the parties agreed on an exchange rate of N156 to $1.
According to him, the 6th respondent who was present as the applicant discussed and negotiated with the customer pleaded with the applicant to allow him handle the transaction so he could make commissions from it. The applicant feared that the 6th respondent could not muster the $1m but the 6th respondent swore that he would come up with the required dollars from a pool of associates.
He stated further that two days later the 6th respondent confirmed the inflow of N156, 000,0000 into the account at First Bank. He said he was aware that the 6th respondent could not raise the $1m and the applicant was forced to hastily source the dollars from other business associates and the money was paid to the customer a few days later than usual.
The applicant, he averred further, was handicapped in the negotiations for dollars from other associates because the pressure from the customer became intense. The customer would not accept explanations as to the delay to remit the dollars as he was given the impression that the dollars were readily available prior to making the Naira inflow.
The applicant further informed me that at the aforestated date and time and I verily believe that the attempt to engage policemen as herein before stated failed. 6th respondent thereafter threatened early this year to break into the applicant’s residence with cohorts and murder applicant and/or his wives and children if the applicant persisted in the demand for N4,000,000. I am aware that the 6th respondent is still holding on to the applicant’s N4,000,000.