…Sued For Allegedly Using Extra-Judicial Force In Religious Matter
By Wole Adedeji, Ilorin
The Inspector General of Police, IGP, Alhaji Alkali Baba, the Kwara State Command Commissioner of Police, a Divisional Police Officer, DPO, and two others have been dragged before a Federal High Court, Ilorin, over alleged application of extra-judicial force over a religious scuffle in the state.
They were, in a suit No. FHC/IL/C5/6/2023, filed by Adeleye Smith Esq. on behalf of his clients: Abdullahi Mohammed and Aliu Mazuma, for themselves and others in an Islamic organization in Lafiagi, Kwara State, accused of unlawful deprivation, and unconstitutional violation of the applicants’ rights to fair hearing and freedom of religion or belief.
The other two respondents in the suit were one Musa Ndagi and Gimba Alhassan, who are members of a rival Islamic sect in Lafiagi and the avowed opponents of the applicant Isamic group in the town.
According to the lawyer, the IGP and his men were challenged in court pursuant to Sections 36, 38 and 40 of the constitution of the Federal Republic of Nigeria, 1999 as amended; and articles 1, 2, 8, 10 and 11 of he African Charter on Human and Peoples’ Rights; as well as Order Two Rule 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009.
The plaintiffs were praying the court for six declarations, among others that the continued lock up of the applicants’ mosque, Jama’atu Ahlu Sunnah Salfi-yat, by the police since 12th November, 2022 was illegal, unlawful and unconstitutional; and a violation of the applicants’ rights.
They also averred that the same continued lock-up of the mosque in Lafiagi since then, constituted a brazen infringement of the applicants’ fundamental rights to fair hearing and freedom of religion and belief or practice and observance, guaranteed under Section 36, 38 and 40 of the Constitution of Nigeria.
They also seek an order of the court compelling the IGP and his men, jointly and severally, to immediately and unconditionally open the mosque as their place of worship forthwith, while also asking the court to compel the IGP and his men to pay the sum of N50 million as general damages.
They further asked the court to grant an order of perpetual injunction, restraining the respondents jointly and severally, or anybody drawing authorities from them by whatsoever name called, from further harassing and lock-up of their mosque as a place of worship or violating their rights on any facts connected with or related to the facts of the case.
When the case came up for hearing, counsel to Ndahi and Alhassan, Ramat Temim, told the court that she was briefed less than twenty four hours before the hearing date, and therefore request for an adjournment to study the details of the matter.
Also, the counsel to the Police, A.A Aladejare, said that the Divisional Police Officer of Lafiagi Police division, who allegedly locked up the mosque had been difficult to contact, because of the distance between Lafiagi and Ilorin, the state capital. He also consequently requested for an adjournment to enable him do the contact for briefing.
In an interview with this reporter, Mohammed said that he is the religious leader of the Isamic sect, pointing out that they had been the subject of series of attacks since 2005, by the opponent group, often leading to bloodshed and severe bodily harms on his members.
He said that aside having to take his injured members to the hospital for treatments, his group, as the peaceful and law abiding sect in line with their teachings and doctrines, had also been reporting every ugly incident to the police accordingly.
He therefore expressed worry that of late, the police had been taking sides in the matter to the point of arresting and detaining his members in the most shocking manner; a development that was capped with the unilateral lock up of their mosque, which was personally done by the DPO, without any court order to do so.
The presiding judge, Hon. Justice Mohamned Sanni, when the case came up for hearing, advised the two sides to think of a possible peaceful resolution in the matter within the shortest possible time, beause of its sensitive nature.
He thereafter adjourned for a possible out of court settlement or a resumed hearing till the 15th of March, 2023.
