A Nigerian, Damilare Ajiboye Samuel, has filed a N50 million suit against the National Drug Law Enforcement Agency (NDLEA) over alleged rights infringement.
Ajiboye in his suit marked FHC/L/CS/1866/24, filed by his lawyer, Bayo Onifade, said his fundamental right to freedom of movement was violated.
The applicant is asking the court for “a declaration that his arrest and detention since September 25, 2024 without charge is unlawful, unconstitutional null and void.
“An order releasing him from the custody of the respondents forthwith.
“An order for the payment of N50 million only, as damages in his favour, for his unlawful arrest, detention and continued detention, and for such further order or orders that the Court may deem fit to make in the circumstances.”
The businessman claimed that the respondent is trying to implicate him with possession of substances suspected to be Cannabis found on September 4, 2023 at No.19 Imoru Street, Akala Mushin, Lagos.
In declaring his innocence, he insisted that he is a businessman dealing in the sales of automobile and hire purchase.
In an affidavit in support of the suit deposed to by Babatunde Adelakun, Litigation Clerk in the Chambers of Adebayo Onifade & Co, he swore “that the applicant is a businessman and Managing Director of Sam Boye Dam Motors and deals in automobile sales and hire purchase”, adding that sometimes in September 4, 2023, operatives of the respondent raided a drug hideout at No. 19, Imoru Street, Akala Mushin Lagos where some quantity of weeds suspected to be Cannabis was recovered.
“That shortly after the discovery on the same day, the operatives of the respondent went to the applicant’s house at No. 9, Adedoja Street, Mushin Olosa Lagos, where they broke into his house but found nothing incriminating in the house.
“And that the operatives of the respondent arrested four persons, two young women and two young men namely; Idowu Babatunde, Miss Ayisa Balogun, Adam Fatai Olawunmi and Mrs Folashade Bamishaye and took them to their Gbagada Office, where they were released two days later.”
He swore that operatives of the respondent took away from the house of the applicant several items including two of the Applicant’s framed pictures, a counting machine, motor dealer plate numbers, keys to several vehicles, company documents, SCUML certificate, amongst others.
Adelakun averred that shortly after the incident, the applicant was shocked to learn that the framed pictures taken away from his residence was placed besides some bags of weeds suspected to be Cannabis and posted on the respondent’s website that the said bags of Cannabis belongs to him, with a claim that he is at large.
As a result, the applicant said they wrote a protest letter the Agency’s Commander, stating that the applicant was innocence and was ready to presence himself to prove his innocent.
He pointed out that despite this letter and several visits, nothing was done by the respondent till the 25th September, 2024 when the applicant was arrested by the operatives of the respondent at the Guaranty Trust Bank, Ijebu Ode Branch, where he had gone to do banking transaction.
Meanwhile, Justice Ambrose Lewis-Allagoa has fixed November 25, for the businessman’s suit.
