A Lagos-based lawyer, Mr Anthony Makolo, on Monday, asked a Federal High Court Lagos, to enforce his fundamental rights against the Police, over unlawful detention and seizure of his Call to Bar Certificate.
In his suit labelled FHC/L/CS/2111/18, the applicant joined the following as first to fourth respondents: The Inspector General of Police, Deputy Inspector General of Police, Force Criminal Investigation and Intelligence Department (FCIID) Alagbon, Supol Olademeji, and Insp. Ayeni.
The applicant avers that he had acted as legal practioner to two clients, over a property dispute, and had acompanied them to the FCIID Alagbon office, on November 6, following police invitation.
He said that after the statements of his clients were obtained by the fourth respondent, they were released on bail with one surety, who duly executed the bail bond, while his clients were asked to report back the following day November 7.
According to him, his clients reported back the following day as directed, and were subsequently discharged by the fourth respondent, who promised to inform them “whenever the need arises”.
Makolo said that he was surprised when on November 12, the third and fourth respondent accosted him at the Yaba Magistrates’ Court, handcuffed him, and pushed him into a waiting Honda Car, and drove off to their office.
He said that when it dawned on him the possible reason for his arrest, he immediately reminded them that he was not a surety for his client, but had only recommended their bails, adding that the surety is the proper person to be invited where they fail to show up.
According to him, the respondents replied that they had no time for that.
He said that it took the intervention of his colleagues who had seen him whisked away from the Yaba Court, to seek his bail the following day November 13.
He said that he was admitted to bail with two sureties, while the original copy of his Call to Bar Certificate, was seized by the respondent, and same has not been released to him till date, inspite of repeated demands.
The applicant, therefore, seeks a declaration, that his detention over thebbail recommendation on behalf of his client, is unlawful, adding that the respondents are a creation of the law, and must act within lawful limits.
The applicant also seeks an order, declarIng the seizure of his Certificate, as a flagrant abuse and violation of his right to legal practice, and urges the court to order the immediate release of his practising certificate.
Besides, the applicant claims the sum of N50 million in damages, against the respondents, jointly and severally, for breach of his fundamental rights.
No date has been fixed for hearing of the new suit.
