A Minna High Court Number two has restrained the Inspector General of Police (IGP), Kayode Egbetokun, the head of the Federal Investigation Bureau (FIB) Special Tactical Squad, DCP Bello Yahaya, and the Divisional Police Officer (DPO), Mokwa Divisional Command, CSP Wakili Inusa, from arresting and detaining Salisu Mohammed Dankabo.
Justice Abdullahi Mikailu, who gave the order in a motion on notice filed by the counsel representing the defendant in the matter, Barr Philip Emmanuel, was brought in pursuant to (1) sections 34, 35, 41, and 46 of the Federal Republic of Nigeria 1999 (as amended). (2) Order 2 Rule 1 of the Fundamental Rights (Enforcement Procedure Rules, 2009); (3) Articles 6 and 7 paragraphs 'B', C', and D' of the African Charter on Human and People's Rights.
Barr Philip Emmanuel prayed the court for an order enforcing or securing the enforcement of the defendant's rights to dignity of his person, liberty, fair hearing, freedom of movement, and compensation for damages as enshrined under our laws.
Barrister Philip further prayed the court to restrain the respondents from staying actions or matters relating to or connected with and restraining the respondents, the agents, and provided, from continuing to invite, detain, interrogate, arrest, intimidate, investigate, and torture the defendant, pending the final determination of the matter or until otherwise directed by the court.
Granting the prayers as moved by the counsel representing the defendant, Justice Abdullahi Mikailu, declared that the defendant, as a reasonable law-abiding citizen of Nigeria, was entitled to respect for the dignity of his person, freedom of movement, and the right to personal liberty as enshrined in the Constitution.
"An order is hereby made directing the Inspector General of Police (IGP), Kayode Egbetokun, the Deputy Commissioner of Police (DCP), Bello Yahaya Officer in Charge of FIB Tactical Squad, CSP Wakili Inusa Divisional Police Officer, DPO in Charge of Mokwa Divisional Command, and one Hamza Baba to immediately release to the defendant unconditionally his Toyota L.E. 2006 model, which the men and officers, under the directive of the first and second respondents, forcefully took away from the defendant's house at Muwo and parked the same at Mokwa Divisional Command headquarters under the custody of the third respondent.
Justice Mikailu further ordered that, in view of the DPP's advice annexed to this application as exhibits, 'B' the applicant shall not be invited, arrested, detained, interviewed, interrogated, or subjected to further investigations in relation to or in connection with the subject matter of the DPP's advice (Exhibit 'B').
Similarly, Justice Mikailu declared that any and all actions taken in breach of any of the rights herein claimed are "null and void and of no effect whatsoever.
"An order is further made to stay all actions or matters relating to, or connected with, and in particular, invitation, arrest investigation, interrogation, torture, harassment, detention, brutalization, and intimidation of the defendant in matters connected to this suit."
Salisu Dankambo was alleged to have been involved in a communal clash between the Muwo community in Mokwa LGA and was arrested along with other members of the community.
They were arraigned before Chief Magistrate Court Number One in Minna and were later exonerated by the office of the Director, Public Prosecution DPP, in the state Ministry of Justice.