American Nurse Sues Lagos CP, DCP Over ‘Unlawful Detention’

An American nurse, Kari-Ann R’ouke, has approached the Federal
High Court, Lagos, over her ‘unlawful and indefinite’ detention by
the Nigerian Police Force.

R’ouke, through her counsel, Ebun-Olu Adegboruwa, filed the
lawsuit on Thursday against the Commissioner of Police in Lagos,
Hakeem Odumosu, and the Deputy Commissioner of Police in charge of
State Criminal Investigation Department, Panti, Yaba, Adegoke
Fayoade.

She was arrested on February 9 and has been detained
indefinitely over the death of her partner.

Despite the clear provision of the law over detention periods,
the complainant has been detained for more than one month over a
murder case, without being charged to court for the alleged
crime.

According to her counsel, Adegboruwa, the complainant in suit no
FHC/L/CS/434/2021 is asking the court to order her release from
police custody.

She is also asking for an award of N100 million as “general,
aggravated, special and exceptional damages against the
police.”

“Kari Ann is asking for a declaration that the police is not
entitled to arrest and detain her for an indefinite period of time
over a matter that does not disclose any reasonable offence, a
declaration that her continued remand in perpetuity without a
charge is illegal and unconstitutional and for an order directing
the police to forthwith release her from illegal custody,” the
counsel said.

In the affidavit written by the legal counsel in support of the
case, R’ouke, a certified nurse in America, arrived Nigeria on
January 21, 2021, to partner with “someone she met online to
establish a humanitarian outfit.”

“Upon completing her assignment in Nigeria, she departed for the
Murtala Mohammed International Airport on February 8, 2021, enroute
America.

“She was, however, stopped by the Immigration Department on the
ground that her COVID 19 Test result had expired, whereupon she was
made to sleep at the airport purportedly for a new COVID 19
test.

“It was later the following day that she was informed that she
was being arrested because her friend had passed on, unknown to
her. She has been in police custody ever since,” the affidavit
partly read.

Adegboruwa, a Senior Advocate of Nigeria (SAN), said the CCTV
footage of the hotel showed clearly that “Kari Ann left her friend
in the hotel room in good health in the company of his friends and
relatives, all of whom were initially arrested but have now been
released”.

The complainant said she is entitled to be released on bail in
the same way that the principal suspects have been released and
that she is only being persecuted because of her status as a
foreign citizen.

Adegboruwa said the autopsy report showed that the deceased died
of cardiac arrest, without any foul play.

“Kari Ann has been a subject of extortion ever since, even
though no prima facie case has been established against her. Since
her incarceration, Kari Ann has lost about 23 pounds in weight, she
has emaciated tremendously, she has suffered bouts of malaria,
dysentery and she is going through extreme emotional and mental
stress, without any link to her family or relatives,” Adegboruwa
said.

He added that R’ouke “has a delicate medical condition, she is
anaemic and thus requires constant medical check up and
treatment”.

In a case filed on behalf of R’ouke by her lawyer, she wants the
court to order her release so that she could take care of her
delicate health condition and go back to America to join her
family.

She also seeks an order directing that she is entitled to move
freely in any part of Nigeria, without let or hindrance from the
police, while exercisig her fundamental rights.

Adegboruwa, said the detention of his client is a flagrant
violation of the applicant’s fundamental rights, guaranteed under
sections 34 & 35 of the Constitution of the Federal Republic of
Nigeria, 1999 and Articles 4, 5, 6 & 12 of the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap.
10, Laws of the Federation of Nigeria, 2004.

Also part of the relief sought, the complainant seek a
“declaration that the incarceration and continued confinement of
the applicant since February 9, 2021 is illegal, unconstitutional,
null and void”.

She also wants the court to order the respondents to fortwith
cease and abstain from applying for a remand order against her over
matters pertaining to financial crimes to which she has been in
detention since the February 9, 2021.

R’ouke wants a sum of N100 million awarded against the police as
“general, aggravated, special and exceptional damages, for the
violation of her fundamental rights”.

Muyiwa Adejobi, the police spokesperson, is yet to respond to
calls and text messages over the detention of R’ouke as of the time
this report was filed.

An American nurse, Kari-Ann R’ouke, has approached the Federal
High Court, Lagos, over her ‘unlawful and indefinite’ detention by
the Nigerian Police Force.

R’ouke, through her counsel, Ebun-Olu Adegboruwa, filed the
lawsuit on Thursday against the Commissioner of Police in Lagos,
Hakeem Odumosu, and the Deputy Commissioner of Police in charge of
State Criminal Investigation Department, Panti, Yaba, Adegoke
Fayoade.

She was arrested on February 9 and has been detained
indefinitely over the death of her partner.

Despite the clear provision of the law over detention periods,
the complainant has been detained for more than one month over a
murder case, without being charged to court for the alleged
crime.

According to her counsel, Adegboruwa, the complainant in suit no
FHC/L/CS/434/2021 is asking the court to order her release from
police custody.

She is also asking for an award of N100 million as “general,
aggravated, special and exceptional damages against the
police.”

“Kari Ann is asking for a declaration that the police is not
entitled to arrest and detain her for an indefinite period of time
over a matter that does not disclose any reasonable offence, a
declaration that her continued remand in perpetuity without a
charge is illegal and unconstitutional and for an order directing
the police to forthwith release her from illegal custody,” the
counsel said.

In the affidavit written by the legal counsel in support of the
case, R’ouke, a certified nurse in America, arrived Nigeria on
January 21, 2021, to partner with “someone she met online to
establish a humanitarian outfit.”

“Upon completing her assignment in Nigeria, she departed for the
Murtala Mohammed International Airport on February 8, 2021, enroute
America.

“She was, however, stopped by the Immigration Department on the
ground that her COVID 19 Test result had expired, whereupon she was
made to sleep at the airport purportedly for a new COVID 19
test.

“It was later the following day that she was informed that she
was being arrested because her friend had passed on, unknown to
her. She has been in police custody ever since,” the affidavit
partly read.

Adegboruwa, a Senior Advocate of Nigeria (SAN), said the CCTV
footage of the hotel showed clearly that “Kari Ann left her friend
in the hotel room in good health in the company of his friends and
relatives, all of whom were initially arrested but have now been
released”.

The complainant said she is entitled to be released on bail in
the same way that the principal suspects have been released and
that she is only being persecuted because of her status as a
foreign citizen.

Adegboruwa said the autopsy report showed that the deceased died
of cardiac arrest, without any foul play.

“Kari Ann has been a subject of extortion ever since, even
though no prima facie case has been established against her. Since
her incarceration, Kari Ann has lost about 23 pounds in weight, she
has emaciated tremendously, she has suffered bouts of malaria,
dysentery and she is going through extreme emotional and mental
stress, without any link to her family or relatives,” Adegboruwa
said.

He added that R’ouke “has a delicate medical condition, she is
anaemic and thus requires constant medical check up and
treatment”.

In a case filed on behalf of R’ouke by her lawyer, she wants the
court to order her release so that she could take care of her
delicate health condition and go back to America to join her
family.

She also seeks an order directing that she is entitled to move
freely in any part of Nigeria, without let or hindrance from the
police, while exercisig her fundamental rights.

Adegboruwa, said the detention of his client is a flagrant
violation of the applicant’s fundamental rights, guaranteed under
sections 34 & 35 of the Constitution of the Federal Republic of
Nigeria, 1999 and Articles 4, 5, 6 & 12 of the African Charter on
Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap.
10, Laws of the Federation of Nigeria, 2004.

Also part of the relief sought, the complainant seek a
“declaration that the incarceration and continued confinement of
the applicant since February 9, 2021 is illegal, unconstitutional,
null and void”.

She also wants the court to order the respondents to fortwith
cease and abstain from applying for a remand order against her over
matters pertaining to financial crimes to which she has been in
detention since the February 9, 2021.

R’ouke wants a sum of N100 million awarded against the police as
“general, aggravated, special and exceptional damages, for the
violation of her fundamental rights”.

Muyiwa Adejobi, the police spokesperson, is yet to respond to
calls and text messages over the detention of R’ouke as of the time
this report was filed.