Popular Nigerian artiste Abdulazeez Adeshina better known as Naira Marley, and his associate, Samson Balogun Eletu better known as Sam Larry, have filed a fundamental rights enforcement suit against the Lagos Commissioner of Police for their continued detention beyond the 21 days permitted by a court order.
Waheed Ayilara, Deputy Commissioner of Police Homicide section Panti Yaba Lagos and Adeola Olatunbosun, the Chief Magistrate court 1 Yaba,Lagos are joined as co-respondents in the suits.
Marley and Larry in the suit, are demanding their immediate release and N20 million each as damages for the violation of their fundamental rights to personal liberty and dignity.
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Recall that Marley and Larry were arrested on October 3 and 4, 2023, respectively, over their alleged connection to the death of singer Mohbad. On October 4, the police obtained a 30-day remand order from the Yaba Magistrate Court to detain them pending investigation.
However, the Chief Magistrate Adeola Olatunbosun only granted the police permission to detain them for 21 days, which lapsed on October 26.
Beyond Boders reports that despite the lapse of the remand order, the police have continued to detain Marley and Larry, which they argue is a violation of their fundamental rights.
In their affidavit, Marley and Larry state that they have not been indicted in any way whatsoever in the death of Mohbad and have cooperated fully with the police investigation. They also pledge not to interfere with the ongoing investigation, if any, until its conclusion.
Marley and Larry are therefore seeking the following reliefs from the court:
“A declaration that the continued detention of the Applicants by the Police at the Homicide Section of the Lagos State Police Command, Panti, Yaba, Lagos State from the 26th day of October, 2023 when the order for the remand was granted by the Chief Magistrate Adeola Olatunbosun at the Magistrate Court, holden at Yaba on the 4th day of October, 2023 had since lapsed and or expired thereby constituting a violation of the Applicants constitutional right to personal liberty and human dignity as guaranteed by Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004.
“An order of the Honourable Court releasing the Applicants forthwith.
“The sum of N20,000,000 (Twenty Million naira) each as damages for the breach of the Applicants fundamental rights to personal liberty and dignity of human person, as contained in Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004.”
A new date is yet to be fixed for the hearing of the suit.
