Two children of the late MKO Abiola , Kassim Abiola , and Aliyu Abiola , have filed a N 100m fundamental rights enforcement suit against the Commissioner of Police over their arrest and detention by men of the Special Anti -Robbery Squad since September 2.
In the fundamental rights suit filed on their behalf by Chief Mike Ozekhome ( SAN) , Kassim and Aliyu alleged that they were arrested on the instigation of their stepmother , Mrs Adebisi Abiola , who allegedly suspected them to have had a hand in the recent robbery attack on MKO Abiola ’ s house in Ikeja , Lagos .
In an affidavit filed in support of the suit , a litigation clerk in Ozekhome ’ s law firm , Ubong Ikon, said Kassim and Aliyu were picked up at their father ’ s house, 42- 46 MKO Abiola Crescent, Off Toyin Street , Ikeja, at about 11. 45am on September 2 by fully armed SARS operatives , who forced their way into their apartments without any warrant of arrest.
Ikon said , “ The applicants were tortured, totally humiliated , dehumanised and terrorised , with a crowd of people swarming the premises to witness the ugly scene in the home of MKO Abiola , a former presidential aspirant of the Social Democratic Party.
“ The applicants were informed that their arrest was based on an alleged complaint by one Mrs Adebisi Abiola , their stepmother, to the effect that a robbery incident took place in their home; that suspected armed men invaded the residence and carted away valuables, including money.
“ The applicants were forcibly dragged like common criminals , more in form of abduction than arrest and roughly driven to the Ikeja police station.
“ They were promptly detained without any record, howsoever . They were not given any opportunity to speak with anyone, let alone a lawyer . ”
Ikon added that on the following day , the police took Kassim and Aliyu back to their apartments to conduct a search, and nothing incriminating was found .
Ozekhome , in the suit filed before the Lagos State High Court in Lagos , contended that the arrest and continued detention of Kassim and Aliyu’ s were a violation of their fundamental rights under sections 35, 37, 41, 44 and 46 of the 1999 Constitution .
He prayed the court to order their immediate release, noting that Kassim and Aliyu were about to travel to the United States for further education .
He prayed the court to order the police to pay them N 100m as exemplary damages and to tender a public apology to them .
