LEGAL NEWS UPDATES 14/12/2021
Lawyer Petitions Civil Defense Commander General Over Alleged Complicity In Escape Of Suspect From Custody
Abuja based lawyer and Human Rights Activist, Hameed Ajibola Jimoh has sent a petition to the Commandant General of Nigeria Security and Civil Defence Corps (NSCDC) Ahmed Abubakar Audi, urging him to investigate the allegations that a suspect escaped from the security agency’s custody in Its Tafa Divisional Office, Niger State.
Jimoh, who disclosed this in his letter dated 10th Dec 2021, as the commandant to use his good office to investigate the whole issues surrounding the purported investigation and the subsequent negligent and reckless as well as non-diligent discharge of official responsibilities/duties of the officers of the Nigeria Security and Civil Defence Corps (NSCDC), Tafa Divisional Office, Niger State Command.
Below read the full letter
10th December, 2021.
The Commandant General,
Nigeria Security and Civil Defence Corps (NSCDC),
National Headquarters,
Federal Capital Territory,
Abuja.
Dear Sir,
PETITION AGAINST SOME CORPS OFFICERS OF THE TAFA DIVISIONAL OFFICE, NSCDC NIGER STATE COMMAND, FOR: THEIR ALLEGED CONNIVANCE IN ALLOWING SUSPECT ARRESTED AND DETAINED IN THEIR LAWFUL CUSTODY TO ESCAPE FROM LAWFUL CUSTODY; NEGLIGENCE, UNPROFESSIONAL CONDUCTS, BREACH OF PUBLIC TRUST, ETC. AND CALL FOR RE-ARREST AND PROSECUTION OF THE SUSPECT AS WELL AS CALL FOR NECESSARY INVESTIGATION AND DISCIPLINARY MEASURES AGAINST THE PERPETRATORS OF THE ESCAPE
1. I am a Counsel to one Mr Yau Sale Banje- herein after referred to as my Client- and on whose instructions and on whose behalf I humbly petition Your good Office as in the above heading of this petition.
2. It was my Client’s brief to me that sometimes around the 27th or thereabout of November, 2021, my Client along with some of his neighbours had arrested and handed over a suspect identified as ‘Jamilu’ to the Tafa Divisional Office of your Corps, Niger State Command, on the allegation of the said suspect’s attempt to commit adultery with the legal wife of my Client and the suspect’s threat to my Client’s wife to marry him at all cost and the suspect’s threat to cause a breakdown of my Client’s legal marriage with his wife as well as the suspect’s acts likely to endanger the lives of my Client and his legal wife, and the suspect’s act likely to cause breach of public peace and order, among other complaints against the suspect. It was my Client’s further brief to me that he had written a statement in the office of the Tafa Divisional Office, Niger State Command of your Corps, before the Investigation Officer assigned to the criminal case whose name was ‘Shittu’ (if we are not mistaking about his name) and that the said ‘Shittu’ had promised my Client that the said suspect shall be charged to court on the following Monday (the 6th day of December, 2021). It was my Client’s brief also that he was asked to come back on that Monday the 6th day of December, 2021, at 10am o’clock in the morning, when the suspect shall have been prepared for his arraignment in court by the Investigation Officer (i.e. ‘Shittu’), since the suspect had admitted and confessed to all the allegations that my Client made against him. My Client further briefed me that when he returned at the said appointed 10am of the Monday the 6th day of December, 2021, he was further asked to come back at 12 noon to meet another officer of the Division and that my Client would be called back on his phone contact when the said officer arrives. To my client’s great surprise, he was not called until 4pm and that he should come to the Division. To my Client’s greatest surprise and shock, when he came to the Division at the said 4pm of the 6th day of December, 2021, he was informed by the Investigation Officer in charge of his case that the said suspect had escaped from the lawful custody and aided by the carelessness of the cell-guard of the Division who was on duty on that Saturday by name ‘Sani’ (if we are not mistaking about his name) and that they are looking and searching for the suspect to re-arrest him and charge him to court and that my Client will be called upon when the suspect has been re-arrested. It was my Client’s brief to me that since the said Monday the 6th day of December, 2021, he has not heard from the said Tafa Division on any news of re-arrest of the suspect. Furthermore, my Client has lost hope and trust in the Tafa Division and the manners of handling his complaints and their connivance and or negligence and misconducts leading to the escape of the suspect from the lawful custody of the Division after he (my client) had arrested and handed over the suspect to the said officers of the Tafa Division, hence this petition for necessary intervention of your good Office to unravel the whole miseries as narrated in this petition with immediate effect.
3. We therefore humbly seek the following requests/reliefs from your good Office:
i. Your good Office should investigate the whole issues surrounding the purported investigation and the subsequent negligent and reckless as well as non-diligent discharge of official responsibilities/duties of the officers of the Nigeria Security and Civil Defence Corps (NSCDC), Tafa Divisional Office, Niger State Command;
ii. Your good Office should use every power and authority to investigate the alleged connivance between the said officers of the Tafa Divisional Office of the Niger State Command of the Corps and the suspect leading to the escape and or disappearance of the suspect (whom my client and his neighbours had arrested, brought to the Tafa Division and handed over to the said officers of the Tafa Division) from their lawful custody;
iii. Your good Office should deal according to law with any of the officers of the Tafa Division Office, Niger State Command, of the Corps who is found guilty or culpable in this petition.
iv. Your good Office should immediately arrest and or re-arrest and produce the suspect within the shortest possible time and bring him to lawful custody to face any criminal charge and or prosecution against him in the Court of law.
v. You should use your good Office to compel the officers of the Tafa Divisional Office concerned and who have been found culpable of this petition to render written apology to my Client for his emotional and psychological sufferings as a result of the alleged connivance, negligent and unprofessional manners of the officers of the Tafa Divisional Office of the Niger State Command of the Corps with immediate effect.
vi. You should use your Good office to compel the officers of the Tafa Divisional Office, Niger Command of the Corps concerned and who have been found culpable of this petition to pay monetary compensation to my Client for his emotional and psychological sufferings and economic loss (because he has not been able to attend to his job to earn a living since the alleged complaints against the suspect and the escape of the suspect from the lawful custody of the Tafa Divisional Office) as a result of the alleged connivance, negligent and unprofessional manners of the officers of the Tafa Divisional Office of the Niger State Command in handling my Client’s criminal complaints, with immediate effect.
4. While we anticipate a more professional manner of handling our complaints/petition and trusting that your good Office would act on our petition with immediate effect, please accept our warm professional regards.
Yours faithfully,
Hameed Ajibola Jimoh Esq.
Principal Counsel.
Supreme Court of Nigeria No.: SCN094209.