An Ikeja High Court, Lagos, yesterday ordered the police in the state to produce in court a 20-year-old man, Ebi Tosan, nabbed in connection with the March 12, 2015 robbery of the Lekki branch of First City Monument Bank.
The court order was sequel to fundamental rights suit filed by Tosan, who is seeking a declaration that his arrest, torture and continued detention by the State Anti-Robbery Squad, Ikeja without admitting him to bail was a violation of his human rights, preserved by sections 34(1)(a), 35(1)(4) and Section 41 of the 1999 constitution.
Joined as the respondents in the suit are the Lagos State Commissioner of Police, the Officer-in-Charge of SARS, Ikeja, Abba Kyari, and the Attorney-General of Lagos State.
The suspect, who urged the court to order the police to immediately release him on bail, is also claiming N100 million damages against the police for what he described as “unlawful detention and torture.”
The suspect through his lawyer, Chief S.W. Baidi, argued that his continued detention without bail was an “infringement and curtailment of the applicant’s constitutional right to personal liberty, freedom of movement and presumption of innocence.
At the resumed hearing of the suspect’s fundamental rights enforcement action on Thursday, the presiding judge, Justice Iyabo Akinkugbe reaffirmed an earlier order made by Justice Lateefa Okunnu on July 9 directing the police to produce the suspect in court.
Justice Akingkugbe also granted an application by the suspect seeking urgent hearing of the case during the court’s long vacation.
The judge adjourned till August 10, for the police to produce the suspect in court.
The suspect, in a 26-paragraph affidavit filed in support of the originating summons before the court by one Tamuno Amos, who claimed to be the suspect’s uncle, stated that he believed that his nephew’s continued detention by the police was a deliberate act by the police to “extract a confessional statement from him on the alleged offence.”
Amos, who stated that he had not been allowed to see his nephew since his arrest, claimed that “the applicant is suffering on a daily basis without access to food, bath and other conveniences and he may die in custody unless granted bail,” the suspect’s uncle stated.
It would be recalled that the deadly gang, which Tosan allegedly belonged to, reportedly killed about five persons, including three policemen and a fish hawker, before carting away about N15m belonging to FCMB .
The police, however, tracked down and apprehended four of the suspected members of the robbery gang on April 5, 2015.
Those arrested and paraded by the police were, Ebi Tosan, Duke Odogbo, 38, Lawrence Kingsley, 31, and Ekelemo Kuete, 30.

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