₦airaland Forum

Justice4All Reporting from Asaba

Information reaching Justice4All indicates that one Mr. Emmanuel Nnaemeka Eneboachi, an associate of Mr. Mbadiwe Ossai (alias David Opene), a judgment creditor in Suit Nos: FHC/B/CS/157/2000 and FHC/B/CS/287/2003, has been unlawfully arrested and detained by officers of the Nigeria Police Force in blatant disobedience to subsisting court orders.

In the said suits, the Federal High Court had, inter alia, directed the Commissioner of Police, Delta State, to protect the Applicant and his members from invasion, harassment, and intimidation by non–NIWA licensed persons who had been terrorising them on the disputed property.

Reports confirm that Mr. Emmanuel Nnaemeka Eneboachi was arrested on 13 January 2025 by the Divisional Police Officer, C Division, Asaba, one CSP Ogbe Emmanuel, and was thereafter arbitrarily transferred to the Rapid Response Squad (RRS) under the leadership of CSP Nosa Alex.

It is pertinent to state that prior to this arrest, the Federal High Court, Asaba Judicial Division, in Suit No. FHC/ASB/CS/70/2025, presided over by Honourable Justice F. A. Olubanjo, had granted an Ex Parte Order in a fundamental rights enforcement action, restraining the Nigeria Police Force and other persons from interfering with the property and possessory rights of Mr. Mbadiwe Ossai, pending the hearing and determination of the substantive suit.

Despite the subsisting and valid Ex Parte Order of Court, members of the Nigeria Police Force, particularly CSP Ogbe Emmanuel and CSP Nosa Alex, have willfully, deliberately, and contemptuously refused to obey the orders of court, by arresting and detaining an associate of the Applicant on the same property dispute which the court had expressly restrained.

Further reports reveal that Mr. Emmanuel Nnaemeka Eneboachi has been in detention at the RRS facility since 14 January 2025 till date, for over one week, without any valid order of court, and without being arraigned before a competent court of law, in clear violation of Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), thereby breaching his fundamental rights to personal liberty and fair hearing.

Consequently, Forms 48 and 49 have been duly issued and served on the Delta State Commissioner of Police, CSP Ogbe Emmanuel, CSP Nosa Alex, and about fourteen (14) other police officers, requiring them to show cause why they should not be committed to prison for contempt of court and disobedience of lawful court orders.

The critical question now awaiting judicial determination is this:

Will the court allow law enforcement officers, who openly disregard the rule of law and the authority of the court, to continue to act with impunity—or will the majesty of the law be upheld?

Twelve (12) top Police Officers in Delta State including the Commissioner of Police, CP. Olufemi Abaniwonda Surajudeen, Deputy Commissioner of Police- DCP. Adegoke Alani, Asaba Area Commander- ACP. Alex Udenze, Delta State Police O/C legal- CSP. Gladys Ekpakuemu Imegu, CSP. Balarabe Muhammad, DCO 'C Division' Asaba- SP. Monday Edebamen, ASP. Dennis Otunyo, and five others face contempt charges for alleged contravention of court orders and protecting judgement debtors and criminal trespassers in Asaba against judgement creditor. This is a blatant violation of the rule of law and a height of impunity by Nigeria Police officers whose duties are to enforce law and order.

In a democratic society, the rule of law is the foundation upon which justice, fairness, and equality are built. When public officers, entrusted with upholding the law, violate court orders, it sends shockwaves through the very fabric of our society.

Violating court orders undermines the authority of the judiciary, erodes trust in institutions, and perpetuates a culture of impunity. It also denies justice to those who have rightfully sought redress through the courts.


In suit No: DTHC/ASB/CV/M/88/2025 the said senior police officers were sued by Mr. Mbadiwe Ossai (alias David Opene/Jah Dave) and Mr. Raymond Efe Adams, indigens of Delta State who have been severally subjected to torture, police brutality, inhuman treatment, intimidation and oppression despite having subsisting court judgements and numerous court orders against the police and the judgement debtors from the Federal High Court.

In a dispute over the beaches along the bank of River Niger in Asaba, Delta State, Mr. Mbadiwe Ossai has won several cases in the court but yet subjected to series of arrest, intimidation,  torture, police molestation, attacks, and inhuman treatment by his judgement debtors who were won in court as they continually use the Nigeria Police Force Delta State Command as a shield to continue their illegal activities in the beaches.

The Inspector General of Police, Commissioner of Police, Delta State, the Attorney of the Federation and the Honourable Minister of Solid Minerals Development and their agents are the defendants of the different suits delivered in favour of Mr. Mbadiwe Ossai (Alias David Opene) and his co-plaintfiifs.

The various suits are:
1. FHC/B/CS/157/2000,  elivered in 2005 with a Writ of Possession obtained in 2008.

2. FHC/B/CS/287/2003
3. FHC/B/CS/98/2004

Both subsisting judgments in favour of Mr. Mbadiwe Ossai Alias David Opene Inter alia directed the Nigeria Police Force through the Commissioner of Police, Delta State to immediately deploy a crack team of mobile policemen to the various beaches put into the possession of the judgment creditor from the invasion of non NIWA license persons who have been known for terrorising the Applicants.

It is worthy of note that the supreme Court on the 5th day of January, 2024 has delivered a judgement in suit No: SC.17/2018 which aligned with the reasoning of his lordship Hon. Justice I. N. AUTA delivered in favour of Mr. Mbadiwe Ossai (Alias David Opene) on 24th day of June, 2005 as it relates to the agency/authority and the tier of government that is in exclusive authority and control over the navigable waterways in Nigeria. The supreme Court had adjudicated that the National Inland Waterways Authority (NIWA) and NIMASSA are the only Federal Government Agencies that are in exclusive authority over the navigable waterways in all states in Nigeria including the FCT. While NIMASSA was said to be in charge of security along the navigable waterways, NIWA is to exercise full control authority including license issuing for sand excavation, transportation and development of infrastructure except the areas covered by the Nigerian Port Authority (NPA) in the economy.

Again, due to the incessant arrest and unnecessary detention of Mr. Mbadiwe Ossai and his workers for over 50 times of which he was remanded in costudy for 7 years and 3 months through a frivolous petition and charged to court with four trump up criminal charges against him and  eight ( of his workers from 2011 to 2018 before they were discharged and acquitted by the court, the judgement debtors and criminal trespassers have refused to bow, but continue to use the police to frustrate the judgement creditor despite all the numerous court orders.

The judgement creditor in 2024 had to file a suit of mandamus and Judicial review against the IGP, CP Delta State, AIG zone 5 and the Attorney General of the Federation; In his reply to the court, an officer to the Attorney General of the Federation revealed to the court that he has given several legal advises to the IGP to direct the Commissioner of Police to comply with the court judgement but still the Delta State Commissioner of Police and his subordinates refused to comply due to  their personal interest in the beaches. It was also alleged that the judgement debtors always brag that they have paid their dues to the Nigeria Police in Delta State and they are above the law despite the numerous crimes committed against the judgement creditor over the years .

This is a height of impunity and disregard for human rights and lack of respect for the Nigerian institutions and democracy. This is a big shame and disgrace to our national integrity, an anarchy that must be resisted because no one is above the law.

The implications are far-reaching:

-Erosion of Trust: When public officers disregard court orders, it reinforces a perception that they are above the law, leading to widespread disillusionment and mistrust.
- Breakdown of Law and Order: Failure to uphold court orders creates a precedent for others to disregard the law, threatening public safety and stability.
- Injustice and Inequality: Those who have rightfully obtained court judgments are denied their rights, perpetuating inequality and injustice.

The dangers of not upholding the rule of law are stark:

- Anarchy and Chaos: A society where laws are disregarded is a society on the brink of chaos.
- Loss of Investment and Economic Growth: Investors flee countries where the rule of law is not respected, stifling economic growth and development.
- Human Rights Violations: Disregard for the rule of law often goes hand-in-hand with human rights abuses and suppression of dissent.

In Nigeria, where 14 top Police Officers in Delta State face contempt charges for alleged contravention of court orders, it's a critical moment to reflect on our collective responsibility to uphold the rule of law.

Let us stand together to:

- Respect Court Orders: All public officers must respect and obey court orders, upholding the integrity of our justice system.
- Uphold the Rule of Law: We must demand accountability from our leaders and institutions, ensuring that no one is above the law.
- Promote Justice and Equality: We must work towards a society where justice is served, and everyone is treated equally under the law.

Together, we can build a Nigeria where the rule of law is sacrosanct, and justice is served for all.

The Nigeria Police Force (NPF) is one of the most critical institutions in the country, tasked with ensuring law and order. However, its reputation has been marred by systemic corruption, inefficiency, and the persistent problem of justice favoring the highest bidder. This culture of serving the wealthy and powerful undermines the core values of fairness and equality that the police should uphold.

Corruption within the NPF is not a new phenomenon. Bribery and extortion are commonplace, with citizens often forced to pay officers to avoid harassment or detention. At checkpoints or during routine stops, the experience is often the same: those who can pay are allowed to pass, while those who cannot are subjected to intimidation. This situation has become so normalized that many Nigerians see bribery as an inevitable part of interacting with law enforcement.

Wealthy individuals often exploit their financial status to manipulate police officers and systems for personal gain. This includes influencing investigations, avoiding accountability for crimes, and even diverting police resources for private use. It is not uncommon for affluent people to hire police officers as personal security, leaving ordinary citizens vulnerable. This two-tier policing system perpetuates inequality and undermines trust in law enforcement.

The root causes of this issue are clear. Poor remuneration and inadequate welfare for police officers leave them vulnerable to corrupt practices. Oversight mechanisms within the NPF are weak, allowing misconduct to go unchecked. Additionally, societal norms in Nigeria often prioritize wealth and power, creating an environment where ethical considerations are overlooked. Political interference further compounds the problem, as influential figures manipulate the police for their own interests, further eroding the institution's independence.

The consequences of this flawed system are far-reaching. Public confidence in the police has deteriorated significantly, with many citizens hesitant to report crimes or rely on the NPF for protection. The perception that justice is accessible only to the wealthy discourages accountability and deepens social divides.

To address these challenges, comprehensive reforms are essential. Improving the welfare of police officers by increasing salaries and providing better working conditions would reduce the incentive for corruption. Strengthening oversight mechanisms to hold officers accountable for misconduct is crucial. Community engagement, including fostering partnerships between the police and citizens, can help rebuild trust and enhance transparency. Finally, political leaders must show genuine commitment to reform by avoiding undue influence over the police and supporting anti-corruption initiatives.

The Nigerian police system has the potential to be a cornerstone of justice and security. However, without addressing the corrosive influence of the highest bidder and prioritizing reforms, the NPF will struggle to fulfill its mandate. Restoring integrity and fairness in the system is not just necessary—it is essential for the progress and stability of Nigeria as a whole.

MrAmbrose:
Nigeria is disorganised dey play.

I doubt the existence of hope.

You petition, you get no reply.

Read full article here.

https://gnnonlines./2024/11/25/legality-of-holden-charges-as-police-now-resort-to-holding-suspects-in-cell-till-they-cooperate/

Title - Legality of holden charges: As police now resort to holding suspects in cell till they cooperate.

Police Tactics Questioned as Detentions Without Charges Become Routine.

With the recent news emerging from the online Space, the professional misconduct of the Nigeria Police force, most especially the Delta State police command is being questioned.

Several individuals who has been arrested recently has been held in police cell without arraingment nor administrative bail.

Even the duty of the Chief Judge and the Chief magistrate is also been questioned because according to Section 34 of the Administration of Criminal Justice Act of 2015 which reads thus

34. The Chief Magistrate, or where there is no Chief Magistrate within the police
division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.

(2) During a visit, the Magistrate may:
(a) call for, and inspect, the record of arrests;
(b) direct the arraignment of a suspect;
(c) where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held is within the jurisdiction of the Magistrate.

The police cells in Asaba and it’s neighbouring has human beings who are currently spending over a month incarcerated in police cells without being arraigned in court.

So could we say the Chief Judge of the state and the Magistrate are doing their mandatory duty as stipulated by the law?.

The main question for taught now is, a Country where the hope of the common man which is the Judiciary is lost, what will then become of them?

What do you have to say on this issue?

ElevationD:
You need to do it repeatedly and certainly there will be response.

Thanks I'll try that... Thanks alot

Samesame247:
Go on twitter to tag the IG and other related agencies

I've done those bruh... They don't respond even.

ElevationD:
Well the Nigerian Police has channels through which you can reach even the IG. Their channels are posted regularly for the benefit of all. You need to make the move quickly.

I have written to them, as well spoken with their CRU on WhatsApp, they promised to help out, but Instead refused replying my messages since a week now.

View complete news here.

https://gnnonlines./2024/11/24/o-c-legal-delta-state-police-command-barr-gladys-ekpakuemu-imegu-abetting-terrorism/

The Nigeria Bar Association should immediately investigate and withdraw her from practicing.

Barr. Gladys Ekpakuemu Imegu ever since her resumption as the o/C Legal Delta State police command here in Nigeria has been abetting terrorism according to Mbadiwe Ossai Multi-Purpose Cooperative Society Ltd.


Mr. Mbadiwe Ossai Alias David Opene

Barr. Gladys Ekpakuemu Imegu
According to them, the o/C Legal who aided in the arrest and detention of the judgemnt Creditor Mr. Mbadiwe Ossai Alias David Opene on the 29th day of October, 2024 vide a self acclaimed distress call by judgment Debtors who were perpetually prohited from entering the properties.

For over 3 weeks now, the judgement Creditor had been held in police cell without arraingment nor taking him to court to face the law as stipulated by the constitution governing the Federal Republic of Nigeria.

According to their member, Mr. Mbadiwe Franklin who spoke witn us said

Ever since the arrest, we have tried all means to bring him out, all to no avail, and also the o/C Legal who boasted in our face that she’ll hold him captive and nothing will happen, has now barred every family member or loved ones from visiting him, and we’re not sure whether Mr. Mbadiwe Ossai and 17 of his workers are still alive or not.

Also According to him, the last time he spoke with Mr. Mbadiwe Ossai, he complained thus;

The o/C Legal had been toturing us by refusing us access to food, ordered her officers to remove our clothinngs and aswell suppressing us on dures to agree to the ownership of some firearms which the crack team in alliance with the o/C Legal brought, stating that unless we agree to the ownership of these firearms she will never take us to court.

Also the Ipo one Asp. Denis Otunyo who also recently stopped picking their calls.


The IPO ASP. DENIS OTUNYO
Also According to them, they claimed to have also written to the office of the Nigeria Bar Association on the gross misconduct of the o/C Legal for about a month now, but they haven’t been been reached back till date.

They call on the General public to make this Toture go viral.