Mohbad: Read Details As Naira Marley And Sam Larry Sue Police, Demand N40m As Compensation

Nigerian musician, Abdulazeez Adeshina Fashola a. k.a. Naira Marley, and Samson Balogun Eletu a.k.a Sam Larry have filed a fundamental rights enforcement suit against Lagos Commissioner of Police to demand their release from detention and N20 million each as damages.

Naira Marley and Sam Larry are each demanding N20m damages from the police and the Lagos magistrate, Adeola Olatunbosun, over what they termed as their “continued detention” in police custody.

Naira Marley and Sam Larry had joined the police and the Lagos magistrate as defendants in the suit filed before the Federal High Court in Lagos.

The magistrate ordered the remand of Naira Marley and Sam Larry in police custody for 21 days over the death of 27-year-old Mohbad who died earlier in September.

However, Olalekan Ojo (SAN), the counsel for Naira Marley and Sam Larry said both defendants are urging the court to declare that the continued detention “at the Homicide Section of the Lagos State Police Command, Panti, Yaba, Lagos State since October 4, 2023” constituted a violation of their rights.

Mohbad: Read Details As Naira Marley And Sam Larry Sue Police, Demand N40m As Compensation

They argued that the magistrate ordered their remand for only 21 days and the period had elapsed. They are seeking “an order of the court releasing the applicants forthwith.”

Recall that Marley and Larry were arrested by the police on the 3rd and 4th of October, 2023 respectively over alleged connection to the death of singer Ilerioluwa Aloba aka Mohbad.

The police had on the 4th of October obtained an order from Yaba Magistrate Court to remand them for 30 days pending its investigation into the death of Mohbad.

Chief Magistrate Adeola Olatunbosun granted Police permission to detain and remand them for only 21 days in the custody of the Police which lapsed on the 26th day of October.

However, Marley and Larry said despite the lapse of the detention period, the police have continued to arrest, detain, and restrict their right to liberty and freedom of movement, thus infringing on their fundamental rights as citizens of Nigeria.

They noted that they had not been indicted in any way whatsoever in the death of Mohbad and had cooperated with the police so far in the investigation.

“They pledged not to interfere with the ongoing investigation, if any, till the conclusion of same.

“The Applicant undertakes not to attempt to influence, interfere with and or intimidate any witness(es), and/or interfere with investigation of the case if same has not been concluded.

“The Applicants further undertake not to undermine or jeopardize the objectives or purpose or the functioning of the criminal justice administration including the bail system.

“Consequently It is in the interest of justice to grant the Applicants reliefs as prayed.

“That the refusal by the Honourable Court to grant the Applicants reliefs as prayed will cause exceptional hardship to the Applicants.

“Consequently, they are seeking the following orders from the court:

“A declaration that the continued detention of the Applicants by the Police at the Homicide Section of the Lagos State Police Command, Panti, Yaba, Lagos State from the 26th day of October, 2023 when the order for the remand was granted by the Chief Magistrate Adeola Olatunbosun at the Magistrate Court, holden at Yaba on the 4th day of October, 2023 had since lapsed and or expired thereby constituting a violation of the Applicants constitutional right to personal liberty and human dignity as guaranteed by Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004.

“An order of the Honourable Court releasing the Applicants forthwith.

“The sum of N20,000,000 (Twenty Million naira) each as damages for the breach of the Applicants fundamental rights to personal liberty and dignity of human person, as contained in Section 34 (1)(a)(b), 35, 41 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Article 4, 5 and 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, (CAP A9) LFN 2004,” Larry and Marley said in the affidavit filed with the suit.

Meanwhile, no date has been fixed for the hearing of the suit.

BY IYABO AINA

Publisher Of News Rain Nigeria