Illegal Detention of Mr. Mbadiwe Ossai, 17 Others By Delta Police Command, Group Demands Immediate Release

A Human Rights Liberty Access and Peace Defenders Foundation (HURIDE) has written a petition to Inspector General of Police (IGP) Kayode Adeolu Agbetokun over the unlawful arrest/detention, inhuman treatment against fundamental human rights of Mr. Mbadiwe Ossai (A Judgement Creditor In Asaba) And 17 of his workers for over one month by Delta State CP and O/C Legal.

In the petition, HURIDE is seeking for the intervention of the IGP for the imnediate release from munlawful arrest and detention of Mr. Mbadiwe Ossai and 17 of his workers by the Delta State Police Command.

HURIDE has also taken the case before the Attorney-General of the Federation (AGF) and Minster of Justice, Mr Lateef Fagbemi (SAN).

Its plea is contained in a letters dated December 13, 2024 and written on behalf of Mr. Ossai and 17 of his workers by the rights group, HURIDE.

Signed by three leading members of the group, Comr. Anthony Asakitikpi, Hon. Comr. C. I. Omerhiowa cfr and Comr. R. E. Adams on behalf of the complainants, the petition titled: “Complaint of Abuse of Power and Office by Security and Enforcement Agencies and Disregard to the Rule of Law: A Menace to the Renewed Hope Agenda of President Bola Tinubu.”

It alleged that Mr. Mbadiwe Ossai and 17 of his workers were forcefully arrested on Nov. 27 in his Abuja residence by the police without an arrest warrant and had since been on detention.

Mr. ossai said his plight began when Delta State CP, O/C Legal, O/C Crack Team Collect Bribe From Kidnappers to Arrest And Detain Kidnapped Victim And Judgement Creditor for Over One Month.

In the petition addressed to the IGP for intervention was copied to Police Service Commission, Hon. Minister of Police Affairs, Independent Corrupt Practices Commission (ICPC) Economic and Financial Crimes Commission (EFCC) and Code of Conduct Bureau.

Others are Nigerian Bar Association (NBA) Headquarters, Abuja, Hon. Minister of Interior Affairs, National Human Rights Commission, National Judicial Council (NJC), Abuja, Amnesty International and Foundation For Investigative Journalism (FIJ)

According to the petition, written over the alleged misconduct involving the Delta Police Command in handling Ossai’s case.

“I am seeking your urgent intervention in this grave matter involving gross violation of fundamental right of Citizens of Nigeria (Mr Mbadiwe Ossai and 17 others), and an action of the police against the rule of law, the Nigerian constitution and the justice systems within the Nigeria Police Force.

“Sir, armed men from Delta Police Command forcefully abducted Mr. Ossai from his home without a warrant, due process, or access to his legal counsel.

“Currently, Mr Mbadiwe Ossai and others is being held at the and subjected to inhumane treatment on a baseless allegation aimed at discrediting his integrity and silencing his voice.

“This ordeal has left his family, including his children, traumatised and mentally distressed. His arrest and detention without recourse to justice or medical attention are not only a violation of his constitutional rights but also a grave affront to the principles of democracy, freedom of expression, and good governance,” the petition stated. .

Ossai therefore, sought the intervention for their immediate and unconditional release and to ensure that their rights to due process, legal representation and medical care are upheld.

She also sought an independent investigation into the circumstances of their arrest, detention and the allegations against them.

Our effort to response from the spokesman of IGP was unsuccessful before press time.

Below is the petition

“`AN OPEN LETTER TO THE INSPECTOR GENERAL OF POLICE,“`

Nigeria Police Force,

Luis Edet House, Force Headquarters, Abuja.

5th. December, 2024_

Sir,

*A CASE OF UNLAWFUL ARREST/DETENTION, INHUMANE TREATMENT AGAINST FUNDAMENTAL HUMAN RIGHTS OF MR. MBADIWE OSSAI (A JUDGEMENT CREDITOR IN ASABA) AND 17 OF HIS WORKERS FOR OVER ONE MONTH BY DELTA STATE CP AND O/C LEGAL*

… An Action Which Is In Flagrant Disobedience of Court Judgement and Numerous Court Orders.

…Delta State CP, O/C Legal, O/C Crack Team Collect Bribe From Kidnappers to Arrest And Detain Kidnapped Victim And Judgement Creditor for Over One Month

… Delta State Police Command Flagrantly Disobeying Court Judgement And Orders

… Delta State Police Command Involving In Civil Matters Usurping The Power of A Judge

… Delta State CP, O/C legal and DPO “C” Division Asaba, DCO “C” Division, Asaba Promoting Anarchy, Insecurity, Injustice And Oppression In Delta State.

`A Matter of Urgent Attention To Investigate And Discipline CP. ABANIWANDA SURAJUDEEN OLUFEMI,CSP. GLADYS EKPAKUEMU IMEGU, CSP. PRAISE ILESANMI, SP. MONDAY ADEBAMEN AND ASP. DENNIS OTUNYO,“`

We are members of Human Rights Liberty Access and Peace Defenders Foundation, Nigeria (HURIDE) and citizens of the Federal Republic of Nigeria.

We write under the instructions of Members of Mbadiwe Ossai Multi-Purpose Cooperative Society Ltd. and Sand Dealers Multi-Purpose Cooperative Society Ltd. who are into the legitimate business of Sand dredging activities in Asaba, Delta State, having judgment in their name vide suit No. FHC/B/CS/157/2000, FHC/B/CS/287/2003, and FHC/B/CS/98/2004 covering 11 beaches along the bank of River Niger in Asaba, delivered in the year 2005 by His Lordships: Hon. Justice I.N Auta, Hon. Justice P.F. Olayiwola and Hon. Justice C.V. Nwokorie respectively of the Federal high Court, Benin Judicial Division. They shall herein be referred to as “our client.”

This open letter has become necessary because several letters written to the office of the Inspector General of Police and the Assistant Inspector General of Police zone 5, Benin City relating to the above subject matter were not treated but swept under carpet for reasons we cannot fathom.

According to our client, their president, Mr. Mbadiwe Ossai, in the year 2008, a Writ of Possession covering the aforementioned judgement area was granted and assigned to them by His lordship, Hon. Justice G.C. Okeke of the Federal High Court Benin City Judicial Division prohibiting the judgement defendants and any other person or persons from entering into the 11 beaches along the navigable waterways in River Niger, Asaba, Delta State whether for the purpose of taking sand or otherwise except with the authority of the judgement creditor.

Also According to their Provost, One Mr. Franklin Mbadiwe who spoke to us on the issue said:

“These judgements and orders of court were executed in the year 2008 by the bailiffs of the Federal High Court Benin City and mobile armed officers from the then commissioner of police, Delta State later to our surprise another team of mobile policemen invaded the beaches in alliance with the judgement Debtors and arrested our members including our President Mr. Mbadiwe Ossai Alias David Opene (the judgement creditor) without appealing the judgement till date. Since then all attempts to resume our legitimate business activities in the judgement area have proved abortive due to numerous attacks by the judgement debtors (defenders and their agents) also aided by the Delta State Police Command of which the Commissioner of Police Delta State is one of the defendants in that suit.”

“It is worthy of note that the Supreme Court of Nigeria gave a judgement on the 5th of January 2024 which aligned with our judgement giving the National Inland Waterways Authority (NIWA) exclusive control and authority over the navigable waterways in all states in Nigeria including the FCT not withstanding the land use act. Also, our President had won the land from NIWA through a joinder filed by NIWA to the Federal High Court Benin City for them to benefit from the judgement but was struck out in 2006 by the Honourable Court.” Mr. Franklin Mbadiwe testified.

According to our client, in the year 2010, they petitioned the Attorney General of the Federation and the Honourable Minister of Justice. Then in a reply, the Attorney General of the Federation and Minister of Justice directed the Inspector General of police to direct the Commissioner of Police Delta state Command to comply with the court judgement and orders of the court. Behold, from then till date no compliance has been made.

In the year 2011, these judgment Debtors most especially the Minister of Solid Minerals Development, his staff and agents contemptuously invaded the beaches in our client’s possession, killed about 4 of their members and workers thereafter arrested their president and eight (8) of their other workers making nine persons and charged them to court to wit four Trump up charges where they spent 7 years and 3 months in the Ogwashi-uku correctional center awaiting trial before they were finally discharged and acquitted on the 18th day of November, 2018 by his lordship, Hon. Justice M.O. Omovie of Delta State High Court, Asaba. The judge ruled thus: “Having critically looked into the case, I found out that the crux of the matter was a tussle of who takes control of the beaches in Asaba which is in possession of the 1st defendant and the intent of the allegations against the defendants is to put them permanently out of circulation.”

There are several other attacks, arrest and allegations meted against the judgement creditor and his workers by CSP. Praise Ilesanmi, DPO “C” Division Asaba, SP. Monday Adebamen, DCO “C” Division Asaba who the judgement debtors and criminal trespassers usually pay royalty to protect them as they continue to occupy and work in the beaches till date, acting in contempt of court.

Whenever the judgement creditor petitions to the IGP, AIG and the Commissioner of Police to arrest the criminal trespassers, the Commissioner of police and O/C legal Delta State Command would always collect bribe and sit on the matter without charging the case to court.

However, whenever the criminal trespassers write frivolous allegations against the judgement creditor to the DPO “C” DIVISION ASABA and the Commissioner of police,. Delta State Command, they have the joy of detaining him in custody for several days to punish him before reluctantly charging him to court and the man has always won all criminal charges leveled against him in court. The judgement creditor and his workers have been arrested and kept in police custody for several days, weeks, months and years for over 50 times.

Meanwhile, this year 2024, as the judgement creditor filed a suit against the IGP, AIG Zone 5 Benin City, CP Delta State Command and the Attorney General of the Federation, to the Federal High Court, Asaba for judgement review and mandamus for the Delta State CP to comply with the court judgement and numerous court orders which also have legal advices from the Attorney General of the Federation, the Inspector General of Police and Assistant Inspector General of Police zone 5, Benin City for the Delta State CP to comply with the court judgement and orders. CSP GLADYS EKPAKUEMU IMEGU- the O/C legal Delta State Police Command, wrongly adviced the CP due to her high degree of corruption. She refused to file a counter reply against Applicant doe good four times of court sittings despite hearing notice served on her. She also refused to appear in court either by herself or through a representative counsel twice.

At the third time in court as hearing notice was served on her office, she appeared in court on October 28, 2024 for the first time without filing any counter reply and she pleaded for an extension of time. Behold, as she left court, the following day being October 29, 2024, she advised the Commissioner of Police, Delta State Command to order for the arrest of the Applicant (judgement creditor) so as to evade the order of mandamus that is about to be granted by the court against her Boss the CP.

The CP ordered a crack team of the police who invaded the Applicants’ house without any warrant of arrest or search warrant and burgled into his house, arrested 16 of his workers, looted and destroyed his Properties and documents alleging that they are terrorists. When the police crack team didn’t find the applicant at home, on hearing that he was at the Delta State police headquarters making statement for one of his workers that was kidnapped the previous day, they went and arrest him too.

The Delta State CP and O/C legal have kept the applicant and his workers in custody for over one month, without arraignment nor charging them to court just to punish him for daring to file a judgement review and mandamus suit against the CP which would make the Delta State CP to do his job of protecting the judgement creditor, his workers and secure the business activities of Mr. Mbadiwe Ossai in the judgement area with a crack team of mobile police men as ordered by the Honourable Court.

Meanwhile, Mr. Mbadiwe Ossai the judgement creditor had previously petitioned the IGP about the numerous crimes committed against him by the criminal trespassers/judgement debtors who have refused to vacate the judgement area despite a Writ of Possession over the property (the 11 beaches in Asaba along the bank of River Niger including Ogbe-ofu beach where Mr. Mbadiwe lives) prohibiting the defendants and trespassers not to encroach into the judgement area. Through this petition, and with a signal, the IGP also directed the Delta State CP to ensure that the judgement is enforced and the criminal trespassers were arrested and prosecuted. The CP had minuted the petition to and directed the O/C Eagle Net squared to handle the case.

Sequel to the signal, on the 28th of October, 2024 the O/C Eagle Net Delta State Police Command mobilized his men to arrest the suspects at the beaches but they were attacked at Shell Beach Asaba of which Mr. Mbadiwe Ossai’s son and one of his workers were trapped down by Mr. John Uchechu (one of the suspects) who ordered his workers and thugs to attack the police team. They kidnapped Master Collins Mbah one of the workers of Mr. Mbadiwe Ossai who was a pointer while Master Celestine Mbadiwe (Mr. Mbadiwe’s son) miraculously escaped with severe injury as the police team also escaped seeing to the degree of attack and dangerous weapons including guns and cutlasses the thugs were in possession of.

The fourth time on the 18th of November, 2024, CSP. Gladys Ekpakuemu Imegu, the O/C legal, Delta State Police Command, failed to appear in court but sent a representative counsel who also appeared empty handed without filing any counter against the Applicant’s claims.

Again, our client wrote a petition to the AIG Zone 5 Benin City for the transfer of the case for thorough investigation on the matter but officers of the zone 5 Benin City led by Inspector Lucky Orufa Depesi of the Operation department zone 5, Benin City were also bribed on reaching Delta State Police Command and they left giving fake excuses that the IGP ordered through a signal that they should halt the transfer of the case. These were all plots by the criminal trespassers in connivance with the O/C legal and CP Delta State Command to perfect their corrupt practices.

As we speak, the CP and O/C legal are at a crossroad on the matter, looking for all possible means to escape and save themselves from the shame as the matter has been escalated on social media.

After one month of detention, CSP. Gladys Ekpakuemu Imegu, the O/C legal Delta State Command prepared 10 count charges against the judgement creditor and two (2) of his workers to the Federal High Court Asaba whose judge is going on judges conference and vacation soon, leaving other 15 of our client’s workers that were arrested, alleging terrorism, attempted murder, conspiracy to commit murder, unlawful possession of firearm, terrorizing one Mr. Maxwell Ukpechina at Ogbe-ofu beach (same Maxwell that was acting in contempt of court in the judgement area and a suspect who was ordered by the IGP to be arrested and was detained in custody) etcetera. How can someone who was in police custody be terrorized? O/C legal we hail thee!

Still, Mr. Mbadiwe and his workers have not been arraigned in court but still under detention at the State CID, Asaba.

Meanwhile, the IGP’s signal to the Delta State CP to arrest the criminal trespassers who have committed several heinous crimes against the judgement creditor have been swept under carpet by the CP and O/C legal because of their vested interest and corrupt practices.

*Our Humble Demand:*

We hereby respectfully call on the IGP Nigerian Police Force to use his good office to save our clients from this height of police brutality, oppression and injustice.
That the IGP should call the Delta State CP, CSP GLADYS E. Imegu – O/C legal, CSP. Praise Ilesanmi and SP. Monday Adebamen (DPO and DCO”C” Division Asaba respectively) and ASP. Dennis Otunyo the IPO of the case to order and also transfer the case from Delta State Police Command and thoroughly investigate the matter for justice to prevail. This is to save the name of the Nigerian Police Force from the mud and also thoroughly sanitize the attitudes of some police officers in Delta State who have taken the part of corruption to pervert justice by disobeying the rule of law which is tantamount to anarchy.

According to the IGP’s previous legal advice on this matter, “the Delta State CP has to comply with the court judgement and orders because in a democratic society, it is crucial that the rule of law must be obeyed.”

Signed: