A middle-aged lady, Adedoyin Adewoye, an alleged rape victim, has instituted a N100 million fundamental rights enforcement suit, against her employer, Terry Ekanem and five others, over alleged rape, threat of arrest and detention.
Others joined in the suit numbered FHC/L/CS/1712/2024 are: Inspector General Of Police; Shaibu Abdulfatai; Chinedu Oko (Commissioner Of Police, Alagbon); Multi Global Visa Ultimate Limited and Anuoluwapo Elizabeth Babalola, listed as first, second, third, fifth and sixth respondents.
The applicant’s according to her lawyer, Elvis O. Esia, is pursuant to Order II Rules 2, 3 and 4 of the Fundamental Rights (Enforcement Procedure) Rules 2009; Sections 35 and 46(3) of the 1999 Constitution of the Federal Republic of Nigeria (A Amended) and under court’s inherent jurisdiction.
Despite the pendency of the suit and respondents being served with all processes, it was learnt that the applicant has been arrested by the police.
Meanwhile, Justice Friday Ogazi has fixed for November 28, 2024 for the hearing of the suit.
The applicant in her originating motion on notice filed on September 23, 2024, is asking the court for the following reliefs: “a declaration that the purported invitation dated September 18, 2024 sent via WhatsApp to the Applicant, through telephone Number 08034514124, showing the 2nd respondent, at the behest of the 4th and 5th respondents, is null and void and constitutes a violation or threatened violation of the Applicant’s fundamental rights guaranteed by Section 35 (1), (2), (3) and (4) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004.
“A declaration that the Invitation Letter dated September 18, 2024 sent via Whatapp to the Applicant via telephone Number 08034514124, showing the 2nd respondent, at the behest of the 4th and 5th respondents, without a copy or detail of the petition to which it allegedly relates and without the name and the designation of the police officer sending the invite, constitutes a violation or threatened violation of the Applicant’s fundamental rights guaranteed by Section 35 (2) (3) and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004.
“A declaration that the action of the 1st -3rd respondents in threatening to compel the Applicant to attend a police invite which was not properly addressed or clarified and through a person who failed to identify himself and rank in the police force constitutes a violation or threatened violation of the Applicant’s fundamental rights guaranteed by Section 35 (2) (3) and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10, Laws of the Federation of Nigeria 2004
“A declaration that the actions of the 4th, 5th and 6th respondents in threatening, harassing, and intimidating the Applicant and further using the 1st to 3rd respondents to unlawfully threaten to harass, intimidate, arrest and detain the Applicant in respect of an issue which is a subject of investigation by the Lagos State Domestic and Sexual Violence Agency and the Commissioner of Police, Lagos State is unlawful, unjustifiable, illegal and unconstitutional having regard to the facts and circumstances of this case.
“An order of perpetual injunction restraining the Respondents, whether by themselves or their privies, officers, agents, principals or representatives, from further harassing, intimidating, inviting and/or attempting to further harass, intimidate, invite, interrogate, question, arrest and/or detain the Applicant at the behest of the 4th and 5th Respondents, in connection with the subject of investigation by the Lagos State Domestic and Sexual Violence Agency and the Commissioner of Police, Lagos State.
“An order of perpetual injunction restraining the 4th and 5th respondents, whether by themselves or their privies, agents, principals or representatives, from using the 1st to 3rd respondents or their privies, officers, agents, principals or representatives and/or any other law enforcement agency whatsoever and howsoever in whatsoever name Called to intimidate, invite, interrogate, question, arrest and/or detain and/or further intimidate, invite, interrogate, question, arrest and/or detain the Applicants in connection with the subject of investigation by the Lagos State Domestic and Sexual Violence Agency and the Commissioner of Police, Lagos State.
“An order mandating the 4th respondent to honour the invitation of the Commissioner of Police, Lagos State, to answer to the Applicant’s complaint of sexual assault and rape and to ventilate whatever grievance he may have through the same office of the Police Force.
“The sum of N100 million, as general damages against the respondents jointly and severally. And for such further or other orders as the Court may deem fit and/or necessary to make in the circumstances of the suit.”
Lawyer to the applicant listed 10 grounds for the orders sought for. The grounds include: “The applicant had approached the Lagos State Domestic and Sexual Violence Agency (LSDSVA) to complain of sexual assault and rape against the 4th respondent who transferred the matter to the Commissioner of Police, Lagos State in a referral letter dated the 31st day of July 2024.
“The 4th respondent has been invited by the police on several occasions for the purpose of carrying out investigation on the allegations, but he has vehemently refused to honour the invitation of the police on the excuse that he has been out of the country.
“The applicant had also sent an official letter of demand to the 4th and 5th respondents dated 9th September 2024 at his office address. Upon receipt of the said letter, the 4th respondent’s Secretary M. S. Anuoluwapo Elizabeth Babalola, issued threats to the applicant counsel’s Litigation Clerk, stating how the applicant would be dealt with as she feels she knows it all.
“Rather than responding to the letter, the 4th respondent sent various voice notes with threats in a bid to dissuade the applicant from going further with her complaints an demands. The applicant’s counsel replied to the voice notes via the letter 17th September, 2024.
5. Rather than responding to police invitation and the applicant’s counsel letter, the 4th and 5th respondents, have resorted to the threat to use the 1st -3rd respondents to arrest, detain and deal with the applicant for daring to complain about the actions of the 4th respondent.
“The applicant was sent a purported police invite via a whatsapp message on the 18th of September 2024 by a number which failed to identify the officer. Truecaller however shows that the officer was Shaibu Abdulfatai, the 2nd respondent.
“The applicant was not given a properly signed invite with the designation of the police officer who authorized the invite and when requested for proper description for security purposes, she was threatened by the 2nd respondent.
“The conduct of the 4th and 5th respondents in intimidating, and harassing and enlisting the 1st-3rd respondents to threaten the applicant constitute a severe breach or likelihood of breach of the applicants’ rights to liberty, freedom of movement and fair hearing as guaranteed by the sections 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria and Article 6 of the African Charter on Human and Peoples’ Rights.
“The purported petition upon which the respondents are acting to intimidate, harass, threaten arrest and detention of the applicant is malicious and predicated on falsehood, a fact which is known or ought reasonably to be known by the respondents.
“The applicant’s mental health has been deeply affected as a result of the constant intimidation and harassment by the respondents. It will be in the interest of justice for this Honourable Court to expeditiously intervene in order to protect the applicant’s fundamental rights in accordance with the Fundamental Rights (Enforcement Procedure) Rules, 2009.”
The applicant also supported the suit with a 20 paragraph-affidavit.
Parts of the affidavit’s dispositions read: “I am the Applicant herein, by virtue of which I am conversant with the facts deposed herein. And that the facts deposed herein are facts within my knowledge which I surely believe to be true and correct.
“The 1st respondent is the Inspector General of Police, the head of the Nigeria Police Force under whose control are the 2nd and 3rd respondents.
“The 5th respondent was my employer and the 4th respondent, its Managing Director/CEO and the 6th respondent is their secretary.
“On 18th September, 2024, I received a WhatsApp Message purporting to invite me for investigation by the police at Alagbon. The invitation did not state the name and rank of the officer sending it but Truecaller, an app that identifies callers, however shows that the officer was Shaibu Abdulfatai, the 2nd Respondent.
“The invitation letter also did not have the signature page and therefore, there was no way of knowing who signed the letter with a view to verifying its authenticity. As a result of this, I sent a response to the unknown person requesting identification and a complete letter that carries the legitimate signature of a recognized police officer.
“Rather than responding to my legitimate enquiry, the 2nd respondent (as I later found out) threatened me. He stated, amongst other things, that ‘…you want to tell me you know it all?’ Attached herein and marked Exhibit A is a copy of the Whatsapp Correspondence between me and the 2nd respondent.
“The 2nd respondent’s statement as stated above, reminded me of the 4th and 5th respondent’s threat which was earlier issued to me. I immediately believed that the 4th respondent must have employed the 2nd respondent using the same language to describe me. And that the threat described above is not unconnected with my case against the 4 respondent and by extension, the 5th respondent.
“Sometime in July, 2024, I approached the Lagos State Domestic and Sexual Violence Agency (LSDSVA) to complain of sexual assault and rape against the 4th respondent. The matter was subsequently referred to the Commissioner of Police, Lagos State in a referral letter dated the 31st day of July 2024.
“The 4th respondent has been invited by the police on several occasions for the purpose of carrying out investigation on my complaint but he has vehemently refused to honour the invitation of the police on the excuse that he has been out of the country. As an untouchable Lord that he claims he is, rather than responding to the police, he has decided to use the same police to intimidate me by orchestrating the unlawful invitation described above.
“As we continued to wait for the 4th respondent to honour the invitation in respect of my complaint, my legal team advised that my complaints also gives me a right to make a civil claim. Hence, on 9th September 2024, my lawyers sent a demand to the 4th and 5th respondents, which are a legal condition for doing so. Upon receipt of the said letter, the 4th respondent’s secretary Ms Anuoluwapo Elizabeth Babalola, issued threats my counsel’s Litigation Clerk stating how the 4th respondent would deal with me because I feel I ‘know it all’, the same refrain used by the 2nd respondent.
“Rather than responding my counsel’s letter, the 4th respondent sent me various voice notes on 13th September, 2024 with implicit threats in a bid to dissuade me from going further with my complaints and demands. And in the said Voice Notes, the 4th respondent acknowledged knowledge of my complaint and demand. He did not deny having sexual intercourse with me but falsely claimed that we were in a relationship and that he was in love with me. He also threatened that I had sent him nude photographs which he has and may disclose.
“I immediately forwarded the Voice Notes to my counsel, who replied to them via the letter 17th September, 2024. In the said letter, I denied the false claim of love and challenged the 4th respondent to disclose the purported nude photographs of me he claims he has. And rather than responding to police invitation and my demand, the 4th and 5th respondents have resorted to the threat to use the 1st -3rd respondents to arrest, detain and deal with me for daring to complain and share the experience I had with the 4th respondent to the agency charged by Lagos State with the duty to investigate my complaints.
“My mental health has been deeply affected as a result of the constant intimidation and harassment by the Respondents. My crime is that I dared to report my experience with the 4th respondent to the appropriate authority for investigation and made demand in line with the civil procedure rules. The 4th respondent has not even honoured the invitation of the Police investigating my case but the same Police is now being threatened to be used to intimidate me into oblivion and silence.
“It has now dawned on me why victims fail to report incidents such as the experience I had with the 4th respondent. This Honourable Court is my only hope against the brazen actions of the 4th Respondent. And that it will be in the interest of justice for this Honourable Court, to expeditiously intervene in order to protect my right to cry after being severely beaten and shattered against the 4th and 5th respondent.”
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