The Managing Director of Mallison and Partners, Mr. Ukatu Afamefuna Mallison, who regained freedom on October 12, 2022, after perfecting bail conditions issued by the Federal High Court Ikoyi, Lagos, was rearrested by men of the National Drug Law Enforcement Agency (NDLEA) at the court premises same day, ANAMBRA PEOPLE reports.
Mallison was bundled into a waiting vehicle and clamped into the NDLEA’s detention camp at NAHCO, situated at the Murtala Muhammed International Airport, Ikeja, Lagos. However, he has filed a suit against the anti narcotic agency at the Federal High Court in Lagos, over the seeming infringement of his fundamental human right.
In the suit no: FHC/L/CS/1972/2022 filed on his behalf by his solicitors, Victor Opara’s Chambers, and sighted by Daily Sun, the billionaire businessman is seeking a payment of the sum of N500 million as damages cum constitutional prescribed compensation for unlawful and unjustifiable arrest, unlawful and unjustifiable detention from October 12, 2022, amongst other principal reliefs.
Other reliefs include the court’s order directing NDLEA to tender a public apology to him for this unlawful arrest and detention and publishing same in three national dailies or any other national tabloid the honourable court may prescribe as a medium for such publication, in line with the provisions of Section 35 (6) of the constitution of the Federal Republic of Nigeria 1999 (as amended).
Other reliefs sought by the applicant include a declaration by the court that his arrest within the precincts of the court and detention on October 12, 2022 by NDLEA, after being admitted to bail by Honourable Justice Lifu at the Lagos Judicial Division of the Federal High Court of Nigeria, in charge No:FHC/L/159C/2021, and after perfecting the bail condition, on the basis of “Orders from above”, is a truculent violation of his fundamental human rights and a declaration that the statement “orders from above’ made by NDLEA officers to the applicant as reason for the arrest, detention and continued detention since October 12, 2022 till date, at NDLEA cell at NAHCO compound, International Airport Road, Ikeja, Lagos, is not a justifiable reason, neither does same constitute facts and grounds for arrest and detention.
Furthermore, Mallisson is seeking a declaration of the court that “Order from above” is not being a justifiable ground for his arrest, detention and continued detention since October 12 and, therefore, constitutes a flagrant violation of his human right to liberty as guaranteed by Section 35 of 1999 Constitution (as amended); a declaration that his arrest within the precincts of the Federal High Court, Lagos, and subsequent detention by NDLEA without informing him in writing and in a language he understands, the facts and grounds of his arrest and detention is a violation constitutional right.
He also seeks the courts declaration that the inhuman and unprofessional mode of his arrest on October 12, 2022, and “the torture and degrading treatment he was subjected to by NDLEA officials during his arrest and whilst in custody of NDLEA” constitutes a truculent violation of his fundamental human right to dignity of human persons, as enshrined and protected by the 1999 Nigerian Constitution as amended (section 34 thereof) and Article 5 of the African Charter on Human and Peoples rights (ratification and enforcement) Act, Cap A9, updated laws of the Federation of Nigeria 2010.
He prayed the court to release and/or direct NDLEA, its servants, agents, privies, employees and representatives to immediately and unconditionally release him from its custody.
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