Legal Services

CASE #1: FELIX OMONIYODO & ANOR. VS ALHAJI SANI DAURA AHMED & IGP SUIT NO M/815/2000

The applicants (husband and wife) requested for legal assistance from the Constitutional Rights Project following the 1st Respondent's threat to arrest and take the 1st plaintiff to Kaduna, where he will use his influence as a retired Commissioner of Police to ensure that he is detained until he pays the contract sum of five hundred thousand naira which the 1st respondent is not legitimately entitled to receive from him. We filed an application praying the Lagos State High Court for a declaration that it is unlawful, illegal and an abuse of power for the police force to intimidate, arrest and detain a citizen on the basis of a contractual relationship entered into with another party. CRP equally urged the Court to restrain the police perpetually from further threatening, intimidating or interfering with the applicants enjoyment of fundamental rights to personal liberty, dignity of human person, property and freedom of movement guaranteed under the Constitution and under the African charter on Human and Peoples Rights.

In his ruling delivered on March 21st 2002, the presiding Judge, Mr. Justice Bode Rhodes-Vivour granted a perpetual injunction restraining the defendants either by themselves or through their servants, privies or persons acting for or on their behalf from further interfering with the applicants enjoyment of their fundamental right to liberty, dignity of human persons, property and freedom of movement.

CASE #2: RICHARD SEGUN ADE Vs HON. MINISTER OF INTERNAL AFFAIRS, SUIT NO. FHC\L\CS\1427\97

The Federal High Court Lagos presided over by Mr. Justice Abubakar Abdulkadir Jega has on July 23 2002 ordered the reinstatement of Richard Segun Ade, an Assistant Superintendent of Prisons attached to Ikoyi Prisons, Lagos, who was unlawfully dismissed from service on June 4, 1996. Sequel to his illegal dismissal, and after exhausting all available means of settlement, he brought an action in the Federal High Court Lagos challenging his dismissal from service, through a CRP's Staff Counsel. In the judgment delivered on July 23 2002, Justice Jega declared that his purported dismissal from service was invalid, as it was done in violation of his right to fair hearing. While making a declaration as to his reinstatement, he ordered that all the entitlements and promotions, which were denied him as a result of his purported dismissal, should be given due recognition and the benefits accruing thereto, paid to him. The court equally ordered the payment to him of all outstanding salaries, allowances and other emoluments due to him from 4th June 1996 till July 23 2002

CASE #3: ALHAJI MOGAJI OTAOGBAYE VS. UGEH MESHACH SUIT NO.RT/Y/3876/2001
The defendant, Mr. Ugeh, is a tenant of the Plaintiff occupying two rooms in an apartment situate at 6 Ibiyemi Street, Palmgroove Lagos. On February 7 1999, he was forcefully evicted from one of his rooms, without a Court Order, his properties thrown out by the agents of the landlord. Subsequently a Lagos Rent Tribunal at the instance of CRP ordered the Landlord to reinstate the tenant into his second room from where he was ejected forcefully. As if his illegalities were not enough, he brought the present action to recover possession of the remaining room, thereby submitting himself to the jurisdiction of the Court, which Court he had ignored when he took the laws into his hands and ejected the defendant through self- help. CRP filed a preliminary objection arguing that the action was frivolous, vexatious and constitutes an abuse of court process. The court agreed with the contention of CRP and accordingly struck out the suit on March 5 2002.

CASE #4: RE: ACCIDENT INVOLVING A JULIUS BERGER LORRY REGISTRATION NO. XA 568 KWL WITH A THIRD PARTY PEDESTRIAN MRS. NKECHI NNADOZIE CAUSING PARTIAL DISABILITY WITH PROSPECTS OF RECOVERY AFTER SURGERY ABROAD

Mrs. Nkechi Nnadozie, approached CRP for redress against Julius Berger Nigeria PLC in respect of injuries she sustained in a road accident which occurred on March 15th, 1999 along Effurun Road, Warri, caused by the negligence of Julius Berger’s driver. The particulars of injuries include her damaged ankle, which was badly positioned. She was not able to bend her knee and the fractured socket of her pelvis was out of position. She requested that Julius Berger should be made to bear the full cost of her medical treatment abroad. After series of meetings and letters from CRP’s Staff Counsel, Julius Berger PLC’s Management took her to a German Hospital on November 6 2001, where she underwent a successful hip replacement operation under the supervision of Dr. Klaus Wenda. She came back to Nigeria in March 2002 and was asked to return to the same German hospital in August 2002 for a knee operation. We have written to Julius Berger and had actually had a meeting with them, where they assured us that arrangement is being concluded to fly her out to Germany before the end of August, so as to finish her treatment.

CASE #5: INCORPORATED TRUSTEES OF CRP Vs ATTORNEY-GENERAL LAGOS STATE & 2 OTHERS SUIT NO. M/198/2002
CRP brought an originating summons before the Lagos High Court seeking the determination of the following questions:

1. Whether the provision of Section 236 (3) of the Criminal Procedure Law Chapter 33 Laws of Lagos State 1994 which gives the arresting authority, an agency of the executive arm of government the prerogative to compel the court to remand suspects in a remand proceedings in a court without allowing the court to look into the merits of each case does not amount to a derogation of the duty which States have under Article 26 of the African Charter on Human and Peoples’ Right to guarantee the independence of the courts.
2. Whether the power to remand in custody under Section 236 (3) of the Criminal Procedure Law of Lagos State 1994 without giving the suspect the opportunity of being heard, is valid in view of its inconsistency with Section 36 (1), (2) of the 1999 Constitution of the Federal Republic of Nigeria and Article 7 (1) (c) African Charter on Human and Peoples’ Right Chapter 10 Laws of Federation 1990. 

1. A DECLARATION that the power to remand in custody under Section 236 (3) of the Criminal Procedure Law Chapter 33 Laws of Lagos State 1994 makes it mandatory for the Magistrate to remand a person in a remand proceedings without giving the suspect an opportunity to be heard, when such suspect is alleged to have committed an offence which the Magistrate have no trial jurisdiction
2. A DECLARATION that the provision of Section 236 (3) of the Criminal Procedure Law, Chapter 33, Laws of Lagos State 1994 which gives the arresting authority, an agency of the executive arm of government the prerogative to compel the court to remand the suspect in a remand proceedings in a court without allowing the court to look into the merits of each case undermines the independence of the court and therefore invalid for being contrary with the provision of Article 26 of the African Charter on Human and Peoples’ Right (Chapter 10) Laws of the Federation of Nigeria 1990.
3. A DECLARATION that the remand under Section 236 (3) of the Criminal Procedure Law of Lagos State 1994 amounts to a denial of the personal liberty of an individual and the procedure of remand without hearing from the suspects falls short of the mandatory provisions of Section 36 (2) of the 1999 Constitution of Nigeria and Article 7 (1) (c) of the African Charter on Human and Peoples’ Right (Chapter 10) Laws of the Federation of Nigeria 1990.
4. A DECLARATION that such absence of an opportunity of being heard under Section 236 (3) of the Criminal Procedure Law Chapter 33 Laws of Lagos State 1994 is inconsistent with Section 36 (2) of the 1999 Constitution of Nigeria and Article 7 (1) (c) of the African Charter on Human and Peoples’ Right and such inconsistency renders the remand under Section 236 (3) Criminal Procedure Law, Chapter 33, Laws of Lagos State 1994 invalid, unconstitutional, null and void. 
5. AN ORDER OF COURT releasing the 2nd Applicant and all those remanded by Magistrates in Lagos State without trial jurisdiction by virtue of Section 236 (3) of the Criminal Procedure Law Chapter 33, Laws of Lagos State 1994 from unlawful detention forthwith. 

CASE #6: COSMAS OPARA VS. UNION BANK OF NIGERIA PLC SUIT NO. LD/473/2001

The Plaintiff retired from the Defendant’s company and was duly paid his entitlements. After six months of payment of pension to him, he received a letter informing him that he has been dismissed from his employment and thereafter his pension was stopped. He sought legal assistance from CRP and we exhausted all means towards settlement, all to no avail. We therefore filed a writ in the Lagos High Court challenging the stoppage of the plaintiff’s pension and his purported dismissal from employment at a time when the relationship of employee/employer has ceased to exist between the plaintiff and the defendant.