Unlawful Detention
OpenLife Nigeria reports that a Federal High Court, sitting in Lagos, has issued an order to admit a Nigerian Marine Engineer Godswill Gold Gageche to bail and or order his release immediately from the detention and custody of The Commander, Commissioner of Police Lagos State Special Squad, Ikeja ,Lagos cell situate at Nigeria Police Force Lagos State Command Headquarters,Ikeja pending the hearing and determination of the substantive suit.
The presiding Judge, Akintayo Aluko,also issued an ordered directing 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 Squad, 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 and THE COMMISSIONER OF POLICE,LAGOS STATE who are defendants in the suit while QUEST SHIPPING LIMITED was joined as the fourth defendant.
After issuing am order of release of the applicant, Justice Aluko adjourned to 16th day of August,2024 for report of compliance.
The order of the court was sequel to a fundamental right enforcement suit filed before a Federal high court in Lagos on behalf of Engineer Godswill Gold Gageche by a Lagos lawyer Barrister Nelson Otaji.
In an application with affidavit of urgency,accompanied with affidavit sworn to by the wife of the applicant Patience Abasido Gageche, and file and argued before the court by a Lagos Barrister Nelson Otaji, Mrs Patience Gageche, in her sworn affidavit, avers that her husband is a marine Engineer and particularly the Chief Executive Officer of GGG Integrated Solution Services Limited,
On 13th July 2024, at about 2pm, she had visited him 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 willfully and maliciously wrote a petition to the Respondents and misrepresented the fact, and particularly states that the Applicant had vandalized the Res (Mt. Alexander J)
In Suit No: 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 October, 2021 entered into contract between the Applicant’s Company – GGG Integrated Solutions Services Itd and Quest Shipping Services Ltd/herein the 4th Respondent].
The 4th Respondent obtained an Order of Arrest and Detention of its vessel the Mt. Alexander J, to be investigated by the Economic and Financial Crimes Commission 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 situate at No.6 Victory Crescent,Akute Ogun State at about 9:45pm on 12th July, 2024 and arrested him and he had been in detention in the cell situate at Nigeria Police Headquarters, Ikeja, Lagos State.
The Commander Commissioner of Police,Lagos State Special Squad,IKEJA Lagos had maltreated the Applicant and more particularly restrain his movement and denied him the right to reach his family members by seizing his cell phones.
Consequently,the applicant is seeking the following reliefs from the court an apology in three National Newspapers,for unlawful detention; 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 him be admitted to bail.
The 4th Respondent willfully and maliciously wrote a petition to the Respondents and misrepresented that the Applicant had vandalized the Res (Mt. Alexander J), mindful and having knowledge that it had on 10th February,2023 obtained an Order of Arrest and Detention that is subsisting before the Federal High Court Lagos.
The cause of action as per the 4th Respondent pleadings discloses that there exists a Contract or Bareboat Charter Party Agreement dated 5th October, 2021 entered into between the Applicant’s company -GGG Integrated Solutions Services Itd and Quest Shipping Ltd[ herein the 4th Respondent].
Premised on the 4th Respondent Petition, the 3rd Respondent had without notice or invitation to the Applicant, sent officers, servants, agents and 9:45pm on 12th July, 2024 and arrested him and he had since been in detention in the cell at Nigeria Police Headquarters, Ikeja, Lagos State.
They also restrained the movement of the Applicant and denied him the right to reach his family members by seizing his cell phones.
That it will be in the interest of justice if this Application is granted.
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