A Lagos-based Lawyer, 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: Inspector General of Police, Deputy Inspector General of Police, Force Criminal Investigation and Intelligence Department, Alagbon, Supol Olademeji and Inspector Ayeni.
The applicant avers that he had acted as legal practitioner to two clients over a property dispute and had accompanied them to the FCIID Alagbon office on November 6, following police invitation.
He said 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 Makolo, 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 he was surprised when on November 12, the third and fourth respondents 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.
Makolo said 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 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 the bail 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 urged the court to order the immediate release of his practising certificate.
Besides, the applicant is claiming 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.