The Law firm of Liman, Liman & Co has petitioned the Inspector
General of Police, Chairman of Police Service Commission, Chairman
Senate Committee on Police Affair, Chairman House of Reps Committee
on Police Affairs, over the alleged unlawful detention of a
14-year-old boy by Deputy Commissioner Of Police Nasarawa State
Criminal Investigation And Intelligence Department (Ciid), Dcp
Bappa Magaji Jahon And O/C Legal Nasarawa State Police Command CSP
J.A Idoko Esq, despite a subsisting order by a Federal High
court.
![image](/2020/10/lawreport.jpg")
In the petition sighted by THENIGERIALAWYER(TNL)
signed by Ishaka M. Dikko SAN, dated 1st March and Acknowledged
same date by the recipients, and was titled “PETITION/COMPLAINT
AGAINST THE CONDUCT OF THE DEPUTY COMMISSIONER OF POLICE NASARAWA
STATE CRIMINAL INVESTIGATION AND INTELLIGENCE DEPARTMENT (CIID),
DCP BAPPA MAGAJI JAHON AND O/C LEGAL NASARAWA STATE POLICE COMMAND
CSP J.A IDOKO ESQ. ON THE REFUSAL TO COMPLY WITH THE VALID ORDER OF
THE FEDERAL HIGH COURT LAFIA GRANTED BY HIS LORDSHIP HON. JUSTICE
YELLIM BOGORO TO RELEASE OUR CLIENT (ANTHONY ODINAKA UDOKWU)
14-YEAR-OLD (MINOR); AND THE TORTURE AND THREAT TO THE LIFE OF OUR
CLIENT WHO HAS BEEN UNDER DETENTION AT THE CELL OF THE NIGERIAN
POLICE FORCE SINCE ON THE 5TH FEBRUARY, 2021. REQUEST FOR PROMPT
ACTION AND INVESTIGATION AND DISCIPLINARY MEASURES”,
stated that the 14-year-old boy, Anthony Odinaka Udokwu, is an SS1
Student of JFAQ International College Lafia Nasarawa State.
![image](/2021/01/payne-alex.jpg")
According to the petition, the learned silk said the boy was
arrested on the 5th of February, 2021 by Officers of the Nigerian
Police “A” Division Police Station Lafia Nasarawa State on the
allegation of rape of a girl at his Residence.
He stated that despite denying ever having carnal knowledge of
the alleged victim in question, the police has refused to grant the
boy bail. Upon application, the Federal High Court ordered for his
release but yet the boy is still in detention
He further alleged that the boy has been subjected to several
forms of torture and is currently ill.
“Sir, Our Brief revealed that our Client has maintained
unequivocally and repeatedly, that he never had canal knowledge of
the alleged Victim.
“However, immediately after the arrest of our client, the father
of the alleged victim Sunny (Sunday) Asoneshi who stated that the
mother of the Victim is no more in his House demanded for the sum
of N500,000.00 (Five Hundred Thousand Naira) Only from the father
of our Client Mr. Sunday Udokwo, according to Sunny (Sunday)
Asoneshi, this will enable him take care of the victim. The father
of our client who is a petty Trader and not capable of paying the
said sum of N500,000.00 (Five Hundred Thousand Naira) Only, had his
son further detained.
“Sir, while investigation was ongoing at the “A” Division Police
Station Lafia, Nasarawa State there was signal from the Legal
Department of the Headquarters of the Criminal Investigation and
Intelligence Department Lafia Nasarawa State particularly from CSP
J. A. Idoku Esq urging that the matter be transferred from “A”
Division Police Station Lafia Nasarawa State to the Criminal
Investigation and Intelligence Department for further investigation
of the said complaint.
“Our client since the 5th day of February, 2021 has been in
detention at the said Criminal Investigation Intelligence
Department, Lafia Nasarawa State, despite all efforts for his bail
and clearly because the father of our Client could not afford to
give the father of the alleged victim the sum of N500,000.00 (Five
Hundred Thousand Naira) Only. Needless to say that assuming without
conceding that our client is culpable of the allegation, no father
would afford to sell the womanhood of his daughter for money.
“Sir, the despite the Provisions of Section 217 of the Child
Rights Law of Nasarawa State 2005, as well as the provisions of the
Child Rights Act 2003 all Oral applications for Bail of our Client
by his Parents as well as by Counsel was ignored by the said Police
CIID Lafia under the directives of DCP Bappa Magaji Jahon and CSP
J. A. Idoku Esq
“Sir, on the 15th February, 2021 we were compelled to write a
formal application for Administrative bail which was addressed to
the Deputy Commissioner of Police C.I.D Nasarawa State which letter
was receipted by the said Deputy Commissioner of Police C.I.D
Nasarawa State. YET the Deputy Commissioner of Police in
collaboration with the O/C Legal CSP J. A. Idoku Esq refused to
admit our client to BAIL. Find attached the letter dated 15th
February, 2021 which is herein marked as ANNEXURE C
“Sir, we were compelled to institute on the 17th February, 2021
a suit for the Enforcement of the Fundamental Rights of our Client,
in Suit No. FHC/LF/FHR/4/2021 before the Federal High Court Lafia,
Nasarawa State. On the 19th February, 2021 we served the suit on
all the Defendants including the Deputy Commissioner of Police. Yet
our Client was not released on Bail.
“Sir again, we filed an Ex parte application for bail on the
19th February, 2021 before the Federal High Court Lafia, moved same
and had Order for Bail of our client granted by the Court we
proceeded and served on the Defendants particularly the office of
the Commissioner of Police Nasarawa State and Deputy Commissioner
of Police C.I.D Nasarawa State, YET our client was not released
since on the said 24th February, 2021 when the Order was served.
This is in clear violation of the Order of Court of Competent
Jurisdiction.
“Regrettably, our Brief revealed that the O/C Legal CSP J. A.
Idoku Esq an Officer of the Court and a Lawyer duly called to the
Nigerian Bar who is ordinarily supposed to advised and ensure
strict compliance with extant laws and Orders of Court, has
remained complicit in ensuring that the Order of the Federal High
Court is not complied with. The said O/C Legal CSP J. A. Idoku Esq
continued to advise that our Client remain under incarceration
despite valid Order of Court, directing that a Minor of 14 years
Old be released on bail and when all the conditions granted by the
Court for the Bail has been fulfilled by the family of our
Client.
“It is also interesting to state that our Brief also revealed
that from the moment the Suit for the Fundamental Right of Our
Client was served on the Deputy Commissioner of Police C.I.D
Nasarawa State, our client who is a minor was daily beaten and
tortured with SHARP OBJECTS BEING INSERTED DAILY INTO HIS PRIVATE
PARTS by Officers of the Nigerian Police Force under the
Instruction of the O/C Legal CSP J. A. Idoku Esq as well as other
Officers of the CID. This is despite the fact that the mother of
our client was called upon by officers of the CIID Lafia and
intimated more than twice that our client a minor has been ill and
was taken to the Police Clinic Lafia on the 19th February, 2021 and
the mother of our client made to settle the Medical Bill, yet our
Client a Minor was not RELEASED on Bail. We have evidence of the
Payment Receipt for the Police Clinic paid by our Client. The
Hospital Receipt No. of our Client at the Police Clinic Lafia
because he was very ill is 70046 which our client’s Parents have in
their Possession.
“Sir, it should be reiterated that the Federal High Court Lafia,
has given an express Order, directing that our Client be released
on Bail. Suffice to state that no Institution of Government
especially the Nigerian Police which is supposed to be the highest
respecter of the Law should disobey the Order of Court when no
appeal as at today was filed nor a stay of Execution obtained. The
fact is, the More the Nigerian Police Is refusing to release our
Client despite a valid Order of Court, the more it further
buttressed the thread by the father of the alleged Victim that our
Client will never be released.” the petition reads
Dikko, SAN argued that the sole basis of existence of all
institutions of Government including the Nigerian Police Force and
why they must be respected and obeyed is because they are all
creation of Laws. According to him, respecting the Institutions of
Government including the Nigerian Police Force is a civil Duty that
is expected of every Law-abiding Citizen. This respect is also
reciprocal, as the Nigerian Police Force is also expected to
respect and comply with the Orders of other Institutions of
Government Especially Courts established by the Constitution of the
Federal Republic of Nigeria.
He added, “While no citizen should condone any commission of
crime especially the most heinous offence of Rape, again No citizen
or any official Government or any Institution of Government should
vilify or crucify any person suspected of commission of crime
without due compliance with the law even if it is the most dreaded
and heinous offence of Murder.”
He said he has the instruction of the family of the boy to
request IGP for the immediate release of the boy in compliance with
the Order of the Federal High Court Lafia.
“We are very confident that No Officer of the Nigerian Police
Force should be personally interested in any matter especially when
the Court has given an Order.” he explained
He also requested for “Investigation of all the Officers
involved in the violation of the Valid Order of Court of Competent
Jurisdiction which Ordered the release on Bail of Our Client who is
a Minor of 14 years, as well as the act of Torture of Our
Client.
“Ensuring disciplinary measures are taken against the Officers
involved in accordance with the POLICE Act, as any Officer found
wanting, would have clearly breached the Law and abused the most
revered Police uniform, worn to defend the citizenry.”
The Law firm of Liman, Liman & Co has petitioned the Inspector
General of Police, Chairman of Police Service Commission, Chairman
Senate Committee on Police Affair, Chairman House of Reps Committee
on Police Affairs, over the alleged unlawful detention of a
14-year-old boy by Deputy Commissioner Of Police Nasarawa State
Criminal Investigation And Intelligence Department (Ciid), Dcp
Bappa Magaji Jahon And O/C Legal Nasarawa State Police Command CSP
J.A Idoko Esq, despite a subsisting order by a Federal High
court.
In the petition sighted by THENIGERIALAWYER(TNL)
signed by Ishaka M. Dikko SAN, dated 1st March and Acknowledged
same date by the recipients, and was titled “PETITION/COMPLAINT
AGAINST THE CONDUCT OF THE DEPUTY COMMISSIONER OF POLICE NASARAWA
STATE CRIMINAL INVESTIGATION AND INTELLIGENCE DEPARTMENT (CIID),
DCP BAPPA MAGAJI JAHON AND O/C LEGAL NASARAWA STATE POLICE COMMAND
CSP J.A IDOKO ESQ. ON THE REFUSAL TO COMPLY WITH THE VALID ORDER OF
THE FEDERAL HIGH COURT LAFIA GRANTED BY HIS LORDSHIP HON. JUSTICE
YELLIM BOGORO TO RELEASE OUR CLIENT (ANTHONY ODINAKA UDOKWU)
14-YEAR-OLD (MINOR); AND THE TORTURE AND THREAT TO THE LIFE OF OUR
CLIENT WHO HAS BEEN UNDER DETENTION AT THE CELL OF THE NIGERIAN
POLICE FORCE SINCE ON THE 5TH FEBRUARY, 2021. REQUEST FOR PROMPT
ACTION AND INVESTIGATION AND DISCIPLINARY MEASURES”,
stated that the 14-year-old boy, Anthony Odinaka Udokwu, is an SS1
Student of JFAQ International College Lafia Nasarawa State.
According to the petition, the learned silk said the boy was
arrested on the 5th of February, 2021 by Officers of the Nigerian
Police “A” Division Police Station Lafia Nasarawa State on the
allegation of rape of a girl at his Residence.
He stated that despite denying ever having carnal knowledge of
the alleged victim in question, the police has refused to grant the
boy bail. Upon application, the Federal High Court ordered for his
release but yet the boy is still in detention
He further alleged that the boy has been subjected to several
forms of torture and is currently ill.
“Sir, Our Brief revealed that our Client has maintained
unequivocally and repeatedly, that he never had canal knowledge of
the alleged Victim.
“However, immediately after the arrest of our client, the father
of the alleged victim Sunny (Sunday) Asoneshi who stated that the
mother of the Victim is no more in his House demanded for the sum
of N500,000.00 (Five Hundred Thousand Naira) Only from the father
of our Client Mr. Sunday Udokwo, according to Sunny (Sunday)
Asoneshi, this will enable him take care of the victim. The father
of our client who is a petty Trader and not capable of paying the
said sum of N500,000.00 (Five Hundred Thousand Naira) Only, had his
son further detained.
“Sir, while investigation was ongoing at the “A” Division Police
Station Lafia, Nasarawa State there was signal from the Legal
Department of the Headquarters of the Criminal Investigation and
Intelligence Department Lafia Nasarawa State particularly from CSP
J. A. Idoku Esq urging that the matter be transferred from “A”
Division Police Station Lafia Nasarawa State to the Criminal
Investigation and Intelligence Department for further investigation
of the said complaint.
“Our client since the 5th day of February, 2021 has been in
detention at the said Criminal Investigation Intelligence
Department, Lafia Nasarawa State, despite all efforts for his bail
and clearly because the father of our Client could not afford to
give the father of the alleged victim the sum of N500,000.00 (Five
Hundred Thousand Naira) Only. Needless to say that assuming without
conceding that our client is culpable of the allegation, no father
would afford to sell the womanhood of his daughter for money.
“Sir, the despite the Provisions of Section 217 of the Child
Rights Law of Nasarawa State 2005, as well as the provisions of the
Child Rights Act 2003 all Oral applications for Bail of our Client
by his Parents as well as by Counsel was ignored by the said Police
CIID Lafia under the directives of DCP Bappa Magaji Jahon and CSP
J. A. Idoku Esq
“Sir, on the 15th February, 2021 we were compelled to write a
formal application for Administrative bail which was addressed to
the Deputy Commissioner of Police C.I.D Nasarawa State which letter
was receipted by the said Deputy Commissioner of Police C.I.D
Nasarawa State. YET the Deputy Commissioner of Police in
collaboration with the O/C Legal CSP J. A. Idoku Esq refused to
admit our client to BAIL. Find attached the letter dated 15th
February, 2021 which is herein marked as ANNEXURE C
“Sir, we were compelled to institute on the 17th February, 2021
a suit for the Enforcement of the Fundamental Rights of our Client,
in Suit No. FHC/LF/FHR/4/2021 before the Federal High Court Lafia,
Nasarawa State. On the 19th February, 2021 we served the suit on
all the Defendants including the Deputy Commissioner of Police. Yet
our Client was not released on Bail.
“Sir again, we filed an Ex parte application for bail on the
19th February, 2021 before the Federal High Court Lafia, moved same
and had Order for Bail of our client granted by the Court we
proceeded and served on the Defendants particularly the office of
the Commissioner of Police Nasarawa State and Deputy Commissioner
of Police C.I.D Nasarawa State, YET our client was not released
since on the said 24th February, 2021 when the Order was served.
This is in clear violation of the Order of Court of Competent
Jurisdiction.
“Regrettably, our Brief revealed that the O/C Legal CSP J. A.
Idoku Esq an Officer of the Court and a Lawyer duly called to the
Nigerian Bar who is ordinarily supposed to advised and ensure
strict compliance with extant laws and Orders of Court, has
remained complicit in ensuring that the Order of the Federal High
Court is not complied with. The said O/C Legal CSP J. A. Idoku Esq
continued to advise that our Client remain under incarceration
despite valid Order of Court, directing that a Minor of 14 years
Old be released on bail and when all the conditions granted by the
Court for the Bail has been fulfilled by the family of our
Client.
“It is also interesting to state that our Brief also revealed
that from the moment the Suit for the Fundamental Right of Our
Client was served on the Deputy Commissioner of Police C.I.D
Nasarawa State, our client who is a minor was daily beaten and
tortured with SHARP OBJECTS BEING INSERTED DAILY INTO HIS PRIVATE
PARTS by Officers of the Nigerian Police Force under the
Instruction of the O/C Legal CSP J. A. Idoku Esq as well as other
Officers of the CID. This is despite the fact that the mother of
our client was called upon by officers of the CIID Lafia and
intimated more than twice that our client a minor has been ill and
was taken to the Police Clinic Lafia on the 19th February, 2021 and
the mother of our client made to settle the Medical Bill, yet our
Client a Minor was not RELEASED on Bail. We have evidence of the
Payment Receipt for the Police Clinic paid by our Client. The
Hospital Receipt No. of our Client at the Police Clinic Lafia
because he was very ill is 70046 which our client’s Parents have in
their Possession.
“Sir, it should be reiterated that the Federal High Court Lafia,
has given an express Order, directing that our Client be released
on Bail. Suffice to state that no Institution of Government
especially the Nigerian Police which is supposed to be the highest
respecter of the Law should disobey the Order of Court when no
appeal as at today was filed nor a stay of Execution obtained. The
fact is, the More the Nigerian Police Is refusing to release our
Client despite a valid Order of Court, the more it further
buttressed the thread by the father of the alleged Victim that our
Client will never be released.” the petition reads
Dikko, SAN argued that the sole basis of existence of all
institutions of Government including the Nigerian Police Force and
why they must be respected and obeyed is because they are all
creation of Laws. According to him, respecting the Institutions of
Government including the Nigerian Police Force is a civil Duty that
is expected of every Law-abiding Citizen. This respect is also
reciprocal, as the Nigerian Police Force is also expected to
respect and comply with the Orders of other Institutions of
Government Especially Courts established by the Constitution of the
Federal Republic of Nigeria.
He added, “While no citizen should condone any commission of
crime especially the most heinous offence of Rape, again No citizen
or any official Government or any Institution of Government should
vilify or crucify any person suspected of commission of crime
without due compliance with the law even if it is the most dreaded
and heinous offence of Murder.”
He said he has the instruction of the family of the boy to
request IGP for the immediate release of the boy in compliance with
the Order of the Federal High Court Lafia.
“We are very confident that No Officer of the Nigerian Police
Force should be personally interested in any matter especially when
the Court has given an Order.” he explained
He also requested for “Investigation of all the Officers
involved in the violation of the Valid Order of Court of Competent
Jurisdiction which Ordered the release on Bail of Our Client who is
a Minor of 14 years, as well as the act of Torture of Our
Client.
“Ensuring disciplinary measures are taken against the Officers
involved in accordance with the POLICE Act, as any Officer found
wanting, would have clearly breached the Law and abused the most
revered Police uniform, worn to defend the citizenry.”