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NIGERIA — A businessman, Damilare Samuel, has slammed the National Drug Law Enforcement Agency, NDLEA with a N50 million rights enforcement suit over his illegal detention in the agency custody.
In a suit file by his lawyer, Bayo Onifade, Damilare is contending that he has been in NDLEA’s custody since September 25, 2024, without any formal charge against him.
He is, therefore, 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 as this court may deem fit to make in the circumstances.”
The businessman argued that, “The arrest and detention of the applicant since September 25, 2024, without charge is unlawful, unconstitutional null and void.
“The applicant has not committed any of fence. An that the respondent is trying to implicate the applicant with possession of substances suspected to be Cannabis found on September 4, 2023, at No. 19 Imoru Street, Akala Mushin, Lagos. And that the applicant is a businessman dealing in automobile sales and hire purchase.”
The detained businessman in his affidavit in support of the suit deposed to by Babatunde Adelakun, stated “That by reason of his detention in the custody of the respondent, the applicant is unable to depose to this affidavit. And that I have the consent and authority of the applicant and my employers to depose to this affidavit.
“That the applicant is a businessman and Managing Director of Sam Boye Dam Motors and deals in automobile sales and hire purchase. And that sometimes on 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.
“That operatives of the respondent took away from the house of the Applicant at No. 9, Adedoja Street, Mushin, Lagos, several items including two of the applicant’s framed pictures, a counting machine, motor dealer plate numbers, keys to several vehicles, company documents, SCUMUL certificate amongst others.
“That shortly after this incident sometime in October 2023, the applicant was shocked to learn that the framed pictures taken away from his residence were placed beside 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.
“That we caused of our colleague Nasir Salau & Co to write a protest letter dated October 26, 2023, to the respondent’s Commander, at Lagos State, stating that the applicant was innocent and was ready to presence himself to the agency to prove his innocence. And that despite this letter and after several visits, nothing was done by the respondent till September 25, 2024, when the operatives of the respondent arrested, the applicant at his bank, Ijebu Ode branch, where he had gone to do banking transactions.
“That following the applicant’s arrest, counsel wrote a letter to the respondent’s Chairman/Chief Executive. And that when I visited the applicant in the custody of the respondent on October 10, 2024, in the company of his wife, the applicant informed me and I verily believe him as follows: ‘that he is innocent of the allegation of drug dealing and he has reduced these facts into writing in his statement which he made.”
To address the issues raised, Justice Ambrose Lewis-Allagoa has fixed November 25, for the businessman’s suit.
