By Usman Ibn A. Lapai
Kaduna
A Kaduna based property developer has dragged the Kaduna state Commissioner of Police, Alhaji Umaru Shehu, and one Hon Aliyu Usman Waziri, before a Kaduna High Court for unlawful arrest and detention.
In a motion of notice filed before Justice Bilikisu Mohammed, a declaration was sought that his arrest by the respondent and his agents on the 3rd of May 2014 to 4th of May 2014 was unlawful and a breach of his fundamental right to personal liberty and dignity of a person as enshrined in section 34 and 35 of the Constitution.
The applicant avers that the first respondent is not a debt collector and has no power to collect any money from him on behalf of the second respondent, Hon Aliyu Usman Waziri.
The applicant is seeking an order of the court directing the respondents, his agents/servants, to release to him within 24 hours from the grant of the court order, his ETB cheque extracted from him by the agent of the first respondent, and an order restraining the first respondent or his agents from further arresting or detaining him.
The motion on notice signed by the counsel to the applicant, B. S. Asogwa Esq. is also asking the court to declare his arrest and detention by the commissioner of police and his agents as a breach of his fundamental right and award the sum of N10, 000,000 as damages for unlawful arrest and detention.
The motion on notice was supported by 43 paragraph affidavit deposed by the applicant, Mr. Danladi Yohanna, and a written address to support the motion on notice where the counsel to the applicant emphasized that the fact of the case arose from a land transaction as evidence in exhibit A which showed that the applicant bought parcels of land from the respondent under an agreement that the consideration be liquidated on installment basis.