CORAM

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PARTIES

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1. MR. AJALA ABBEY KALIO2. CHIEF THANKGOD A. IKUBOH APPELLANTS

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1. MR. FUBARA CYRUS DAWARI2. CHIEF VICTOR BENIBO3. RT. REV. BISHOP TUBOKOSEMIE ROBINSON ABERE4. THE COMMISSIONER OF POLICE, RIVERS STATE5. THE DEPUTY COMMISSIONER OF POLICE, RIVERS STATE6. INSPECTOR NELSON (STATE C.I.D., PORT HARCOURT)7.SGT. IBOROMA (STATE C.I.D., PORT HARCOURT) RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This appeal arose from the decision of the High Court of Rivers State dismissing the Applicants/Appellants application for the enforcement of their fundamental rights to personal liberty, freedom from discrimination, freedom of movement, freedom from unlawful arrest and detention and freedom from prosecution for act not constituting a criminal offence. The Applicants’ application was brought pursuant to Sections 33, 34, 35, 36(8), 41 and 42(2) of the Constitution of the Federal Republic of Nigeria, 1999, and Articles 4, 5, 6, 7(e), 14(1) and 17 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap. A9), 2004, Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and the inherent jurisdiction of this court. Piqued by the decision the Applicants filed a notice of appeal.

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HELD

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Appeal Dismissed

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ISSUES

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Whether the learned trial Judge was right in holding that the appellants have failed to proof (sic) or show how their fundamental right were infringed or threatened?

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RATIONES DECIDENDI

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POLICE, CRIMINAL LAW AND PROCEDURE

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INVITATION BY THE POLICE – POWER OF POLICE TO INVITE SUSPECTS FOR PURPOSES OF INVESTIGATING ALLEGATIONS
“By Section 4 of the Police Act, the Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged. Thus, when a crime is imputed as was done in both Exhibits B and C, the Police reserve the right to invite the suspects which the appellants were by virtue of the said petitions, for purposes of investigating the allegations. See particularly Fawehinmi Vs. Inspector General Of Police (2002) 7 NWLR PT. 767, PG. 606, 670; Bobade Olutide Vs. Adams Hamzat (2016) LPELR-26047(CA); and Fajemirokun Vs. Commercial Bank (Credit Lyonnais) Nig. Ltd. (2009) 5 NWLR PT. 1135 PG. 558, 600.”

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POLICE, CONSTITUTIONAL LAW

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INVITATION BY THE POLICE – WHETHER AN INVITATION BY THE POLICE FOR PURPOSES OF INVESTIGATING ALLEGATIONS CAN CONSTITUTE A THREAT OR BREACH OF A PERSON’S FUNDAMENTAL RIGHTS
“An invitation by the Police to a citizen with the aim of ascertaining the veracity or otherwise of allegations levelled against the said citizen, cannot by any stretch of imagination constitute a breach or threat to the fundamental right of the citizen.”

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CASES CITED

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Not Available

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STATUTES REFERRED TO

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African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, (Cap. A9), 2004|Constitution of the Federal Republic of Nigeria, 1999|Fundamental Rights (Enforcement Procedure) Rules, 2009|

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CLICK HERE TO READ FULL JUDGMENT

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