Juliana Francis
A human rights lawyer, Inibehe Effiong, has accused the Nigeria Police Force of illegal arrest and long detention of his client, Langwa Breshnev.
This was as the Force Public Relations Officer, Olumuyiwa Adejobi, countered the position of the human rights lawyer.
Adejobi, an Assistant Commissioner of Police, said the Police followed due process in the arrest, detention and arraignment of the Cameroonian businessman.
It was gathered that Effiong’s client, Breshnev, was having a dispute relating to profit sharing formula with his Nigerian business partner, Hillary Emeka Mba.
It was further learned that Hillary, not satisfied with the way the matter was tilting, decided to lodge a complaint at the Force Criminal Investigation Department Annex, Ikoyi, Alagbon, Lagos State.
Before Adejobi came out with his counter remark, Effiong had accused a Deputy Inspector General of Police, Frank Mba, of influencing the case to favour his “brother” Hillary, believing that the complainant was related to the DIG.
Effiong, in a petition to the Acting Inspector General of Police, IGP Kayode Egbetokun, the Police Service Commission and the general public, against police personnel at FCID, Alagbon and DIG Frank, insisted that police should not be involved in the matter at all because it “is purely a civil and commercial dispute”.
He explained that Brezhnev is the Chief Executive Officer of Bennycom Agro and Farms Limited, a company incorporated under the Laws of Nigeria and duly licensed to carry on the business of large-scale fertiliser importation and exportation.
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He added that Brezhnev is an employer of labour with many Nigerians under his employment and payroll.
He also said: “Our client has a commercial dispute with one of his business partners, Mr. Hillary, regarding claims and counterclaims over the computation of profit sharing.
“Hillary claims our client is owing him, a claim our client vehemently disputes. Both parties had agreed to invite a neutral third party to resolve their dispute, but rather than allow the amicable resolution to be explored, Hillary who has repeatedly sworn and threatened to use his ‘connections’ in the Nigeria Police to force our client to repay debts that are clearly disputed and unproven, got Police officers from the Office of the Assistant Inspector General of Police, FCID Annex, Alagbon, Lagos to illegally arrest and detain our client in order to force our client to pay disputed debt allegedly owed to his business partner Hillary, a relative of newly promoted Deputy Inspector General of Police, DIG Frank Mba.”
The lawyer said that without any prior invitation whatsoever, his client was on July 14, 2023 arrested at a lounge in Uyo, Akwa Ibom State by men of the Nigeria Police who expressly informed Brezhnev that he was needed in Lagos in relation to a case in which DIG Frank has an interest in.
Effiong added: “Our client was arrested, detained at A Division in Uyo, and flown to Lagos on Sunday, 16th July 2023 where he was further detained without being notified of his offence in writing in violation of section 35(3) of the 1999 Constitution of Nigeria.
“Our client’s constitutionally guaranteed rights to freedom of movement and personal liberty were severely violated for many days before the Police upon being confronted by a lawyer from our Firm on their illegality, surreptitiously took our client Brezhnev to a Magistrate Court in Surulere on 20th July 2023, seeking an Order to detain our client for additional 30 days for ‘further investigation.’
“It is important to note that this sinister move was made after a Lawyer from our Firm challenged the Investigating Police Officer (IPO), Inspector Isuku Jeffrey Ifah on the illegality of our client’s prolonged detention. The IPO had on Tuesday 18th July 2023 threatened that he will keep our client in detention for as long as he wanted until our client pays the disputed and unproven debt of N26 million.”
Responding to Effiong’s allegations against DIG Frank and the Police at Alagbon, Adejobi said that the accusations of Effiong were laced with lies and malicious intent.
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Adejobi further urged the lawyer to “direct his efforts to the court of law where the case is already being heard, rather than maliciously using the media to defame the hard-earned professional reputation of Senior Police officers and obstructing the course of Justice.”
The spokesman stressed that DIG Frank is not related to the said Hillary.
The Force spokesman said that the ongoing investigations of Brezhnev by the FCID were in line with Police Investigative Procedure.
Adejobi further stated: “To set the record straight, the Force CID, Lagos Annex, in May 2023, received a petition titled, “Complaint Against Mr. Langwa Brezhnev Over The Obtainment Of Goods By False Pretence And Fraud In Respect Of Sale Of Fertilizer” from Siri Legal Consulting, solicitors to Emb Trade Logistics Nig Ltd.
“The suspect, who has been off the radar, following the fraudulent transactions as alleged, was arrested in Uyo and brought to Lagos to enable him to answer to the allegations against him. Investigations so far by the Police team have, however, clearly established a prima facie case against the suspect.
“Meanwhile, the report from the Force CID Annex shows that the suspect is currently on remand at Ikoyi Correctional Centre following a Remand Order issued by Igbosere Magistrate Court 21, Lagos.
“It is also noted that the same court had earlier granted a Remand Order committing the suspect to Police custody to avail the Police with additional time for a discrete investigation into the matter.
“Similarly, the claim by Barrister Inibehe that DIG Frank is a brother to the nominal complainant, one Hillary Emeka Mba, which is the basis for his allegation of undue influence against the senior officer, is false and unfounded. The fact remains that Hillary Emeka Mba is not in any way connected or related to DIG Frank. They have no filial relationship whatsoever. The ‘resemblance’ in the name is purely a coincidence.
“Without mincing words, the allegation against DIG Frank, who was not even the AIG in charge of FCID Annex Alagbon when the suspect was arrested, is just a psychological projection and a campaign of calumny.
“The Force, therefore, enjoins members of the public to disregard the claim of illegal arrest and unlawful detention of Mr. Brezhnev by the Police, as well as the allegation of undue influence by DIG Frank or any officer of the Police as untrue and unfounded.
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“The Force equally wishes to advise Barrister Inibehe to direct his efforts to the court of law where the case is already being heard, rather than maliciously using the media to defame the hard-earned professional reputation of Senior Police officers and obstructing the course of Justice.”
Effiong, reacting to the statement from Adejobi, came out with another press release, which he said was his chamber’s response to the Force spokesman.
In this current statement, Effiong said that Adejobi’s statement was full of factual inaccuracies and wilful misrepresentation of facts.
He said: “The Force PRO claims the ongoing ‘investigation’ is in line with Police Investigation Procedure. We challenge the Force PRO to publicly confirm to the whole world that the Nigerian Police now has a new standard “Police Investigation Procedure” where people are now tracked in breach of their fundamental rights to privacy and liberty and arrested without any prior invitation whatsoever.
“Our client is a known and licensed businessman in Nigeria and has never disobeyed any lawful invitation from the Police. When our client was arrested, he demanded a warrant but none was shown to him at the point of arrest. We challenge the Force PRO to produce and display publicly, the warrant that authorised the Police to track and arrest Mr. Breshnev.
“The Force PRO also claims that the suspect has been “off the radar.” This claim is patently false, baseless, malicious, and misleading. Our client, Breshnev is the Secretary of the Senior Police Officers’ Mess-Honorary Committee in Akwa Ibom State and was attending the meeting of the Mess at the Akwa Ibom State Police Command Headquarters on the 14th day of July 2023 when he received a call from the policemen who had tracked him to his base in Uyo, that he was wanted.
“As a responsible and law-abiding individual who had nothing to fear or worry about, our client told the officers that he was in a meeting at the State Command Headquarters and that he will notify them when he is done with his meeting.
“Upon conclusion of the meeting, our client called back the officers and they came and met with him. When our client asked the officers why they were looking for him, the officers pointedly told him that he was wanted in connection with a case involving Hillary and that he must go with them to Lagos because DIG Frank had given them a specific instruction.”
The lawyer said that following the intervention of a senior police officer working at the State Command, Breshnev, the instant the said Senior Officer spoke on the phone with DIG Frank who asked Breshnev to cooperate and follow the policemen to Lagos for the resolution of the dispute between him and his business partner.
Effiong added: “It is also shocking that the Police claim our client was off the radar. How could our client be ‘off the radar’ when no one ever invited him to answer any Petition prior to the illegal arrest carried out on the 14th day of July 2023? Assuming without conceding that the arrest was lawful and that the Police merely wanted Mr. Breshnev to “answer” to the allegations against him. Why was Mr. Breshnev not informed of his offence in writing within 24 hours in line with section 35 (3) of the 1999 Constitution of Nigeria? Why did the Police blatantly refuse to release Mr. Breshnev on administrative bail after obtaining his statement despite producing a reliable surety? Why was Mr. Breshnev detained for six days, from 14th July 2023 to 20th July 2023 before being surreptitiously taken to Court to seek an Order to further detain him for 30 days in gross breach and violation of section 35 (5) of the 1999 Constitution? Why did the Police Investigators at FCID Annex Alagbon, Lagos particularly the IPO Inspector Isuku Jeffrey Ifah threaten our client and insist that our client must pay at least 50% of the disputed debt of 26 million Naira before his administrative bail can even be considered? How come the Police rushed to Court to seek a detention Order only after they were confronted about their illegal arrest and unlawful detention?”
Effiong noted that the petition, which crystallised into this illegal arrest and unlawful detention, was submitted to the Assistant Inspector General of Police, FCID Annex, Alagbon, Lagos on June 16, 2023, while his client was arrested on July 14, 2023, a period of about one month.
He asked: “What ‘Police Investigation Procedure’ was carried out within the period? Our client’s registered business address in Uyo is a matter of public knowledge but the Police never thought an invitation was necessary for one month leading to the arrest.
“The Force PRO also claims the ‘…investigation so far by the Police team have, however, clearly established a prima facie case again the suspect…’ We strongly believe that this particular claim is at best intended for humour. When placed side by side with the fact that the Police in their affidavit in support of their Application for Remand have equally claimed that the suspect has made a confessional statement, the whole point of surreptitiously rushing to court to seek 30 days becomes ridiculous if not to actualise their threat to keep our client until he produces at least 50% of the 26 million Naira disputed debt.”
The activist said that even a year one law student knew that when a suspect has made a confessional statement and the investigation has also yielded a “prima facie case”, the next legal, responsible and reasonable line of action will be to file a charge against the suspect.
He added: “The Police in this case know their intention was never to investigate a crime but to recover a disputed debt and that is unlawful. We challenge the Force PRO and the Police to file the charge immediately since the suspect has made a confessional statement and since the investigation has established a prima facie case.
“On the misleading claims about a Remand Order being issued by Igbosere Magistrate Court 21, Lagos and a purported earlier Remand Order committing the suspect to Police custody for imaginary discrete investigation.
“We find these claims to be spurious and calculated to mischaracterise the facts. The truth is that exactly six days after the illegal arrest and unlawful detention, after our client’s refusal to produce 50% of the disputed debt and after being confronted on their illegality, the Police surreptitiously took Mr. Breshnev before a Magistrate in Surulere on the 20th day of July 2023 to obtain an Order to detain our client for 30 days but to their surprise, we intercepted information and were able to trace them.
“A lawyer from our Firm put up an appearance in Court for Mr. Breshnev and challenged the Remand Application. The Learned Magistrate ordered that we file formal processes and the matter was adjourned to the 25th day of July, 2023. There was no Remand Order issued given that we had challenged the illegal procedure and had been ordered to file formal processes.
“On the last adjourned date 25th of July, 2023, the police in the most unprofessional manner, attempted to force our client into the car of the nominal complainant, Hillary, to be taken to the court.
“Our client protested and vehemently refused to be conveyed to Court in the nominal complainant’s car and this resulted in a scene. When the Magistrate was informed in open court about this development and the safety concerns raised by a lawyer from our firm, the Magistrate at his discretion decided that Mr. Breshnev should rather be kept in the Ikoyi Correctional Centre pending the hearing and determination of the propriety of the Application for Remand. That is the truth and the Police know it.
“On the issue of the relationship between Mr. Hillary and DIG Frank, we wish to state again and in truth that Mr. Hillary had repeatedly boasted of his relationship with DIG Frank who he said was going to teach our client a lesson, and that our client should be careful otherwise he will use his connection in the Police to ‘bite’ our client very hard.
“For the avoidance of doubt, we wish to state that it is actually Mr. Hillary that is owing our client and our client is already in the process of using civil legal means to recover the sums owed our client in view of the facts that our client does not believe in criminalizing what is purely a commercial dispute with his business partner.
“We urge the Force PRO and indeed the Police to desist from muddling up the issues and apologise to our client for allowing itself to be used as a debt recovery agency. If the Police believe a crime has been committed, they should file a charge and stop threatening our client to pay N26 Million. We are more than prepared to meet them in Court.”