October 11, 2024
Human Rights

Lawyer who came to bail client, allegedly detained, tortured by Area Commander

 

Imo lawyer, Chinaka Chigozie has narrated how he was tortured untill he fainted and then detained on the orders of ACP David Ogenyi after he came to secure bail for one Wisdom Mmaduka over failed marriage promise at the Fire Service police station Owerri on Monday last week.

For many months now in Imo State, police harassment and extortion on the citizens have become increasingly high while police authorities in the State continued to watch in vain.

On the 25 October, Chinaka Chigozie, a practicing lawyer in Imo, with his Secretary, had gone to Fire Service police station to secure bail for his client who has been detained four months.

Chinaka said he was was consulted by the relatives of one Wisdom Mmaduka to help bail their son who has been held as a suspect for breach of promise to marry, at the Owerri Area command since June 2023 (4months).

HOW IT STARTED

He said, “On Monday around 1pm I went to the Area Command fire service Owerri to apply for the police bail of the suspect. I sought for the IPO who directed me to the 2Y/C who told me that the suspect is on detention on court Order. I humbly demanded for the order since it is a public document to ascertain if their is obligations the suspect could fulfill that has not been done that will keep him 4months in detention, she told me to go the matter is in court.

“At that point I started leaving the premises with my secretary and the suspects relatives who accompanied me. I consoled them that I will be applying for the court bail of their brother.

“As we stepped outside moving towards the small gate leading to their Mammy market where I packed my car, the suspect’s Uncle said ” Barrister that Red deflected Highlander Jeep belongs to the suspect and was also impounded by the Police”. I told them not to worry that I will include it in the bail application. At that juncture I told my secretary to help me snap the plate number of the suspect’s jeep which she did with her phone. One of the police men named “Bishop” call my attention on interrogatory. I introduced my self with our present NBA Branch ID card and also told him that I came for the owner of the vehicle in issue.

“He asked him why I should snap at the police station don’t I know is an offence? At this point I apologised to the officer as I do not know it could constitute an offence more so having introduced myself as the suspects counsel and the reason why I had to snap the plate number.

AC OGENYI ORDERS LAWYER, SECRETARY DETENTION

“The policeman told us we are under arrest and took us to their Commander upstairs. This time it was only me and my Secretary. The Commander demanded to know me I further introduced myself and my secretary I further told him where my chambers is at Akwakuma Owerri, presenting my NBA ID Card. I apologetically told him the reason why I asked my Secretary to take the pictures and nothing more pretentious.

“At that point the Commander told the ADC in his words “take this Stupid man out of this office, take his statement with his secretary and make sure you detain them ” He seized my phone and my car keys. Still apologising I told the commander that I was going to bring my 2 kids from school at works layout before this incident I begged him to allow me as my wife is still nursing a tender child and does not know my where about. The Commander refused. Further pleading made his ADC push me out from his office to where I and my secretary made our statements under cursion. We were taken to their counter, I was asked to remove my clothes and sandals, my secretary the same.

Continuing, “The thought of my little Kids stranded at Madonna primary and nursery school made me on my own to walk inside the commander’s office, begging him to allow me at least get my kids and turn my self in. In reply to my gesture the Commander, David Ogenyi shouted to the ADC “who allowed this stupid man enter his office again? has he not been detained?” In a swift reaction by his ADC from behind ,what Ianded on my eyes was a heavy blow “gbom” 2 times.I was momentarily blinded. Pains excruciatingly was dropping from my eyes not tears. At that instance and before the commander his ADC hit me severely and tore my dress in shreds living me naked in the public.At this point I told them it were better they kill me than I enter the cell without knowing my children’s fate.The commander ordered for reinforcements wherein I was beaten thoroughly and dragged into the cell and my 19yrs old female secretary was equally locked inside their female cell.

“Around 6.30pm, His Worship Chinedu Opara visited me in the cell and I gave him a short narrative. I hardly could recognize him as I cannot see, my eyes and face were swollen. His worship left and in a short while the cell guard told me to follow him. I came out and saw My wife carrying my child, His Worship and the High court ACR Anty Perp standing with the Commander.

BRUTAL TORTURE

“As I was approaching them, this same Commander who have been tormenting humiliating and torturing me all these while further told me in his words before the people I mentioned ” Do you know you are indisciplined?” The torture, trauma, emotion and pain was much for me to bear that I told him ” You are a very stupid commander to tell me am indisciplined, when I have done nothing to you”
He ordered that I be taken back to the cell as soon as His worship left he further ordered his boys to take me to their “torture and ordeal room”.

“Here I saw hell fire as his boys cuffed my hands and legs from behind joining them they passed an iron rod ,with which 2 officers carried me each from both ends and hung me between 2 wooden tables. The presumed torture and pain in hell fire would have seen better for any living soul to experience than this episode. In that hanging position the O/C torture as they called him kept on hitting me severely with a rod. There 2Y/C a certain plum tall dark lady came and instructed them that they should not release that lawyer until they make sure I stool and urinate on my trousers I passed out. I regained consciousness to see my self in the cell with 30 other inmates in an enclosure that is not up to a standard one room.

The lawyers stated that on Tuesday morning ACP David Ogenyi charged him for assault and he was arraigned before Magistrate court 5, Owerri.

Chinaka explained that it was just the picture of his client’s car plate number packed at station’s premises which his Secretary took on his behalf which he planned to use in the court bail application that led to this experience.

NBA REACTS

The NBA Owerri Branch at its September meeting held on last Saturday last week resolved amongst others, the immediate suspension of ACP David Ogenyi as Area Commander, Owerri Municipal.

According to a statement, this resolution was against “the despicable and barbaric acts of assault, humiliation, torture and unlawful detention meted out on Chigozie Chinaka,, by the ACP David Ogenyi, the Area Commander, Owerri Municipal, Imo State and men under his command and control on Monday and Tuesday the 25 and 26* September, 2023, in the course of providing legal services to his client.”

The full text reads:

At the Monthly General Meeting of the Nigerian Bar Association (NBA) Owerri Branch held at the NBA Owerri Branch Bar Center on Saturday the 30th day of September, 2023, the members of the Association deliberated on the complaints of assault, humiliation, torture and unlawful detention meted out to a member of the branch – Chigozie Chinaka, Esq., by ACP David Ogenyi (the Police Area Commander, Owerri Municipal Imo State), and resolved as follows:

The NBA Owerri Branch condemns in strongest terms the despicable and barbaric acts of assault, humiliation, torture and unlawful detention meted out on Chigozie Chinaka, Esq., by the ACP David Ogenyi, the Area Commander, Owerri Municipality, Imo State and men under his command and control on Monday and Tuesday the 25 and 26* September, 2023, in the course of providing legal services to his client.

The NBA Owerri Branch demands the immediate suspension of ACP David Ogenyi as Area Commander, Owerri Municipal, to guarantee a thorough and impartial investigation of the grave allegations leveled against him and other officers within the command.

On the strength of the above, the Nigerian Bar Association, Owerri Branch, constituted a three (3) man Committee with a concise terms of reference which inter alia include: (a) To interface with the National Body in collaboration with NBA Security Agencies Relations Committee (NBA-SARC) and present petitions against the ACP David Ogenyi and concerned officers to the Commissioner of Police Imo State, the Assistant Inspector-General of Police Zone 9 Umuahia, the Inspector-General of Police, the Police Service Commission and the Attorney-General of the Federation. (b) To immediately institute fundamental rights actions against the ACP David Ogenyi and concerned officers and demand immediate redress and compensatory justice for the victim.

The NBA Owerri Branch assures our colleague – Chigozie Chinaka, Esq., members of the legal profession and the general public that the Bar remains resolute in the promotion and protection of the rule of law in the society. Torture, inhuman treatment and abuse of power do not have any place in a civil society, and the Bar will ensure that justice is not only served, but seen to have been served. The perpetrators of these acts of unlawful detention, humiliation, assault and torture of our colleague must be made to face the full weight of the law.

PPRO ALLEGES LAWYER WAS VIOLENT

In a statement by Henry Okoye, the police spokesperson in Imo State, he alleged that the lawyer, Chinaka Chigozie was violent when he came to secure bail at the station.

Okoye claimed that ACP David Ogenyi didn’t order the torture and detention of the lawyer.

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