Justice I.O Kasali, of an Ikeja High Court, Thursday, ordered immediate release of one Ogbeide Oyekhire, who has been in police detention since 2011.
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Kasali in her ruling on the suit against the Lagos State Commissioner of Police said the continuous detention of Oyekhire for more than a year now is degrading, unlawful, illegal and a gross violation of his fundamental rights guaranteed under sections 34(1) 35(1) and 41(1) of 1999 Constitution as amended.
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The Judge also ordered the respondents, their officers, agents, servants or privies should produce the applicant before the court and grant him bail conditionally or unconditionally.
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She further restrained the respondents whether by themselves, their officers, agents, servants or privies from further inviting, arresting, detaining or in any other manner infringing on the fundamental rights of the applicant.
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Joined as respondents alongside was Lagos State Commissioner of Police are Deputy Commissioner of Police (SCIB) Panti Street, Yaba and Supol Bamgboshe of D7, Human Rights (SCIB) Panti Street, Yaba, Lagos.
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The applicant had sued the respondents, through his lawyer, Mr. Emmanuel Ogbeche.
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Ogbeche, told the court that the applicant was arrested and detained by the police on November 20, 2011, for an allegation of stealing two vehicles, a Jaguar and a Honda CRV Sports Utility Van, SUV, imported by his brother, who is based in America.
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Ogbeche added that the vehicles in question were left in the custody of Oyakhire by his cousin and when a pressing need arose for the family to take care of, it was mutually agreed for the cars to be sold to enable them offset the financial burden.
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"It was after this that our client was apprehended and incarcerated for stealing the cars, since November 20, 2011 at the Nigeria Police Station, Panti, Yaba, Lagos without being charged to the officers. The said complainant was said to have refused to show up after the first day he lodged the complaint", he said.