A Lagos State High Court in Igbosere today refused an application seeking the immediate and unconditional release of some residents of Okunraye in Ibeju Lekki area of Lagos, who were arrested over the killing of the Managing Director of the Lekki Trade Zone, Alhaji Tajudeen Disu.
Disu was reportedly killed on October 12, 2015 during a riot over a land dispute between residents of Okunraye community and policemen.
The residents were stated to have been protesting against the takeover of their land by the government when Disu was killed.
The police had subsequently arrested and detained 17 members of the community in relation to the MD’s killing.
The detained villagers however filed a class fundamental rights enforcement action seeking to be released immediately and unconditionally.
As stated by them, the police and not residents, were responsible for Disu's death.
A leader in the community, in an affidavit filed in support of the suit, claimed that Disu was hit by a stray bullet fired by the police, adding that he indeed saw the particular policeman who pulled the trigger on Disu.
The villagers, in their suit filed before Justice Raliat Adebiyi, sought a declaration that their arrest and detention was unlawful.
They also urged the judge to declare that the invasion of their community on October 12, 2015, and their subsequent arrests constituted a threat to life, freedom, private and family life.
They prayed the judge to order the police to release them immediately and never to arrest them subsequently over Dis's murder.
While arguing the application in court today, lawyer for the villagers, Akinlabi Apara, stated at least 25 members of the community had been randomly picked up by the police.
He stated the applicants had been forcefully ejected from their homes and cut away from their means of livelihood, which was a violation of their rights.
“This application is supported with a 38-paragraphed affidavit and are relying on all the averments therein and urged Your Lordship to grant our reliefs as prayed,” Apara stated.
However, after hearing the lawyer, Justice Adebiyi refused to grant any of the prayers, explaining that ordering the police to release the detained community members would lead to a breakdown of law and order.
The judge ordered Apara to put the respondents on notice and adjourned till November 10, 2015 for hearing.
The defendants in the suit are the Nigeria Police, its Inspector General, the Lagos State Commissioner of Police and the Special Anti-Robbery Squad.
Others are the Nigerian Army, the Department of State Services, Dangote Group and Ibeju Lekki Local Government Area.