Just-In: Inspector-General of Police Reverses Court Order, Orders Female Customer’s Re-Arrest in Erisco Review
By Reporter 5
Police officers have broken into the home of Mrs Chioma Edoka Okoli, a female client who was earlier detained for examining an Erisco Foods Limited tomato product, on the orders of Inspector-General of Police (IGP), Kayode Egbetokun.
Her residence is in Lagos State’s Sangotedo neighbourhood.
In September 2023, Chioma Okoli was previously taken into custody for reviewing a tomato product made by Erisco Foods Limited.
It was discovered that the Abuja Police squad, claiming to be operating under the Inspector-General of Police’s orders, proceeded to re-arrest Okoli without first obtaining a court order permitting them to do so.
Inibehe Effiong, a Human Rights Attorney and the female client’s attorney provided an update on Tuesday, 9th January 2024, stating that Police Officers from the Ajiwe Police Station in Ajah were assisting the Abuja police team.
“The first team that got to her house called for reinforcements when we insisted on seeing the court order allowing them to take her back,” he stated. She lives with her infant in her home, which they are currently attempting to break into.
He also said that the recent assault on Chioma has to do with the continuing legal dispute between her client, Chioma, and the Police regarding Erisco Foods Limited’s and its founder, Chief Eric Umeofia’s, incitement.
The update reads, “The police had secretly filed a “charge” against Chioma at the Federal High Court in Abuja instead of Lagos where the case arose. The charge is pending before Hon. Justice A. R Mohammed. I later got wind of their plot after a tip-off.”
“When the case filed by the police in Abuja came up on 7th December 2023, the police counsel informed the court that they were unable to serve my client with the charge (this is not accurate as no attempt was made in this regard).”
“The police counsel then applied for an adjournment for them to file a motion to enable them to serve my client with the charge through substituted means. Justice Mohammed granted the application and adjourned the case to Wednesday, 10th January 2024 for hearing of the motion.”
Inibehe stated that they find it unbelievable that the cops would come back today, 9th January 2024, and harass his client and her child in her home without first going to the court where the charge is still pending.
According to him, his client has not received any charges, summonses, or arraignment notices, as required by law. The hearing for the request the police indicated they would submit to obtain a court order to serve his client with their “charge” and related documentation is scheduled for tomorrow, January 10, 2024.
He continues, “The team leader told me over the phone that he is a DSP, and that he has four ASPs with him and other police officers. He also told me that the PSO to the IGP spoke with him directly and that he cannot disobey the order of the IGP despite the court order barring the police from re-arresting my client.”
“How can the IGP issue a directive to overrule the subsisting order of a court of competent jurisdiction? Is this how we want to develop our country?”
“Attached is a subsisting order of the Federal High Court in Lagos made on the 8th day of November, 2023 by Hon. Justice Bogoro in the fundamental rights suit we filed restraining the IGP and the Nigeria Police Force from arresting, re-arresting or detaining my client; except on the express order of a court of competent jurisdiction if she is served with a summon or arraignment notice and she fails to appear in it.”
He emphasises the fact that no charge, summons or arraignment notice has been served on Chioma. “The police has not appealed against the restraining order and the order has not been vacated.”
Inibehe also said, “It is a sad commentary that the Nigeria Police is beginning the year on a note of lawlessness”. Condemning this “reckless act of impunity”, he demanded that the IGP follow the law and instruct his personnel to let the court handle the case by due process.
While concluding, he stated Section 36 (5) of the 1999 Constitution which presumes his client innocent of any charge filed against her. He referred to the action as one that can only be tolerated in a “banana republic”.
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