A Lagos State High Court in Ikeja has dismissed the suit filed
against the police by Ebi Tosan, a suspect in the March 12, 2015 robbery
of the Lekki branch of the First City Monument Bank.
Twenty-year-old Tosan, who was nabbed on April 5, had headed for
court, seeking bail and claiming compensation for damages in the sum of
N1m against the police.
His lawyer, Chief S.W. Baidi, argued that the suspect’s continued
detention without bail was an infringement and curtailment of his
constitutional rights to personal liberty, freedom of movement and
presumption of innocence.
He had sought a declaration that the arrest, torture and continued
detention of the suspect without bail, was a violation of his
fundamental human rights to personal liberty and freedom of movement
pursuant to sections 34(1)(a), 35(1)(4) and Section 41 of the 1999
Constitution.
He
prayed for an order directing the police to admit him to bail and to
also compensate him with N1m over the unlawful infringement on his
rights.
But in a judgment on Friday, Justice Obafemi Adamson, dismissed Tosan’s suit “for lacking in merit.”
The judge said the suspect did not place enough evidence before the court to justify the reliefs he was seeking.
Adamson noted that though Tosan claimed that his public parade by the
police had prejudiced his right to presumption of innocence, the
suspect did not file any material evidence, like newspapers’ report, to
back his claim.
The gang, which Tosan allegedly belonged to, reportedly killed about
five persons, including three policemen and a fish hawker, before
carting away about N15m belonging to the First City Monument Bank on
Admiralty Way, Lekki, Lagos State on March 12, 2015.
The robbers, who reportedly stormed the bank in military uniforms,
were said to have engaged the police in a gun battle for about 30
minutes before finally escaping through the lagoon in a speed boat.
Meanwhile, it was learnt that Tosan and three other suspects had been
taken before a Lagos magistrate’s court, which ordered their remand in
Ikoyi prisons.
The four – Tosan, Duke Odogbo, 38; Lawrence Kingsley, 31; and
Ekelemo Kuete, 30 – would remain in custody pending the advice of the
Lagos State Directorate of Public Prosecutions.
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