ONAMADE APPEALS COURT RULING ON HIS FUNDAMENTAL RIGHTS INFRINGEMENT: DESCRIBES JUDGEMENT AS FRAUDULENT

Lagos-based businessman and politician of the All Progressives Congress (APC), Honourable Oluwatosin Onamade has faulted challenged a court ruling delivered by trial judge Honourable Justice A.F. Pokanu dismissing his case of fundamental human rights contravention.

Onamade had filed a case before the Ikorodu chapter of the Lagos State High court seeking the enforcement of his fundamental human rights to dignity of human person, personal liberty, freedom of movement, and right to property.

Joined as respondents in the matter are Deputy Inspector General of Police (Force Intelligence Bureau, Area 10, Garki, Abuja), DCP Eloho Okpoziakpo (Force Intelligence Bureau, Area 10, Garki, Abuja), ASP Abubarkar Inwanfero 08033833992] (I.P.O. Force Intelligence Bureau, Area 10, Garki, Abuja), and Fatiu Jimoh Salisu.

The applicant is also praying the honourable court for the following reliefs;

1. A DECLARATION that the search and invasion of the Applicant’s house on 2nd day of July, 2021 at No. 1, Oluwatosin Onamade Street, Elemu, Oke-Eletu, Ikorodu, Lagos State by the Respondents without search warrant is unlawful, illegal and unconstitutional in that violates the Applicant’s fundamental right of dignity of human person, personal liberty, freedom of movement and right to property guaranteed by section 34, 35, 39,43, & 44 of the Constitution of the Federal Republic of Nigeria 1999 (As amended) as well as Articles 4, 5, 6,. &7 of the African Charter of Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990.
2. A PERPETUAL INJUNCTION restraining the Respondents whether by themselves, their Officers, Agents, Delegates, Servants, and/or Privies from arresting, detaining, harassing, molesting and/or intimidating the Applicant.
3. The sum of N10, 000,000.00 (Ten Million Naira) as compensation against the Respondents jointly and severally for breach of the Applicant’s fundamental human rights by the Respondents.
4. AND FOR SUCH FURTHER ORDER or other orders as the Honourable Court may deem fit to make in the circumstances.

However, Justice Pokanu, in his ruling laid-off Onamade’s application stating that there was no merit to the allegation by the complainant.

Counsel to the appellant, Idowu D. Orekunrin, Esq. his in an appeal motion with suit No: IKD/1153MFHR/2021 filed on behalf of Onamade, described the ruling as highly fraudulent and duplicitous saying the learned judge erred in law when the court takes into account matters which it ought not to have taken into account.

Onamade, in the filed motion, further declared that “the lower court erred in law when it held that the Applicant affidavit in paragraph 20 offends Section 115 of the Evidence Act on the ground that it did not disclose the name of the “team of Police Officers” that informed him that the 4th respondent was granted administrative bail.”

Also, the Appellant stretched that the trial court was in grave error when it held that the applicant failed to lead cogent and credible evidence to prove and establish the search and inversion on his residence on the 2nd day of July, 2021.

The Appellant is therefore seeking reliefs at the court of appeal for;

1. An Order allowing his appeal
2. An Order that the judgement of the lower court was perverse and miscarriage of justice
3. An Order setting aside the cost of N200, 000.00 awarded against the Appellant in favour of 1st – 3rd Respondents and the cost of N200, 000.00 awarded against the Appellant and in favour of the 4th Respondent by the lower Court as same is baseless.
4. An Order entering judgement in favour of the Appellant.

Onamade’s travail is traceable to a reported incident in April last year when some suspected thugs / cultists reportedly invaded his office – Western Funeral Home Limited, in Ijede, Ikorodu area of Lagos State.

Recall that StarMedia Renaissance reported how a group of hoodlums numbering at least 10 were alleged to have, on 16 of April 2021, attacked the office of the politician in Ikorodu, killing one Mr. Ifeanyi Etunmuse Godfrey and inflicting severe machete cut injury on his brother Oluwafemi Onamade.

Four out of the suspects of the attack namely Atunrase Sodiq Omolabi ‘M’ 28 years, Shittu Michael Olawale ‘M’ 28 years, Olaide Opeifa ‘M’ 40′ years, and Olanrewaju Adebiyi aka Maja ‘M’ 35 years, are currently are currently facing Murder, unlawful society, grievous harm, felony and other charges following their direct connection to the attack.

Speaking on phone to our reporter, Onamade explained that he had, since his legal team instituted the legal case, undergone series of dehumanizing treatment in the hands of men of the Nigeria Police.
Onamade highlighted moments of illegal and unwarranted arrests, torture, coerced statements amongst many sponsored encounters he faced.

“On several occasions, we have spotted some unidentified gunmen suspected to be operatives of the Nigeria Police Force invade my house in desperate bid to arrest and kidnap me. A tenant living in my house at Ikorodu area of Lagos state was manhandled by these men when he could not provide details of my whereabouts during one of their invasions.

Narrating his unlawful arrest, Onamade explained that it happened when he went to the office of the Assistant Inspector General of Police, in Lagos, over an application he earlier submitted about investigations on the murder case.

Despite a bench ruling by Honourable Justice Pokanu, in Ikorodu Lagos State High Court restraining these people from further unlawful arrest and harassment on me, it is quite disheartening to note that my assailants still sponsored some unidentified police officers who visited and broke into my house without warrants and began to search my house and also descended heavily on one of my tenants named Mr. Ndifreke Mathew, without my knowledge.”

The matter of an Application for the Enforcement of the Applicants (Onamade) Fundamental Rights to Dignity of Human Person, Personal Liberty, Freedom of movement, and right to Property was brought before the High Court of Lagos State in the Ikorodu Judicial Division.

“However, the ruling by the Judge, Honourable Justice A.F. Pokanu, is not only unfortunate but raises a lot of moral questions which I believe strongly will be addressed at the court of Appeal.” Onamade declared.

“This is a case targeted towards protection of my fundamental human right which clearly was contravened by the respondents in question. We are not talking about murder case in this regard.” He added.