Court orders Police to arraign dismissed SP in court within 14 days

Court orders Police to arraign dismissed SP in court within 14 days

Justice Chukwujekwu Aneke of the Federal High Court in Lagos yesterday ordered the police to charge a detained dismissed Suprintendent of Police, Victor Banor to court within 14 days or the court would be forced to grant him bail.

Justice Aneke gave the directive while delivering a ruling on an application filed by Banor, seeking to enforcement his fundamental right against the police, for unlawful detention.

According to the judge he declined to grant the applicant bail because of the gravity of the alleged offence, but ordered the police to make frantic effort in ensuring that it charges the applicant to court within 14 days.

Aneke also held that the continued remand of the applicant in prison custody was in breach of constitutional provisions which required a person to be charged to court within 48 hours.

The court therefore, ordered that the applicant be charged to court within the time stipulated, or the applicant would be released on bail unconditionally.

The judge then adjourned the suit to February 3, 2015, for report of compliance by the police.

Banor had filed the suit before the court on November 11, seeking enforcement of his fundamental rights against the police.

The former police office joined the Inspector General of Police, the Commissioner of Police, Federal Special Anti-Robbery Squad, Adeniji Adele Road, Lagos, and the Investigating Police Officer (IPO), DSP Solomon Igwe as respondents in the suit.

In his application, the applicant argued that he had been held in custody for over eight months without any charge, and prayed the court to either order his release from prison, or direct the police to charge him before a court of law.

Banor, had argued that his continued detention, violated his fundamental rights as guaranteed under the 1999 Constitution.

However, in a counter affidavit, Counsel to the respondents, Justin Enang urged the court to refuse the applicant bail.

Enang had argued that the applicant was dismissed while serving at the Umunede Police Division in Delta, for allegedly stealing an exhibit vehicle in a criminal case under investigation.

He said that the applicant escaped from detention and resurfaced at the Enugu Command with a falsified signature, claiming to be a Superintendent of Police (SP). 

Enang said that Banor also stole N20million meant for salaries of officers of the Enugu State Police Command,

"After the officer-in-charge (O/C) of the command’s Mechanised Salary Section (MSS) retired, the applicant assumed office as the “O/C MSS. 

"It was while holding this position that in March 2011, he allegedly absconded with the money.

“While absconding from office, the applicant dropped a note stating that nobody should look for him because he had resigned to join his militant groups at the creeks of the Niger Delta region," he said

He said that several officers under the applicant, complained that their salaries were diverted, and that he did not turn up until he was arrested in Onitsha, Anambra, on April 15.

"When he was arrested, he claimed to be a Chief Superintendent of Police (CSP), flashing a police warrant card and demanding to be shown respect as a “senior officer”.

"Photocopies of forged police Identity Cards were found on him, with “CSP” Afamefuna Banor V. and “W/SGT” Hannah Markson Banor, among other names.

"The police further found badges and insignia of a Deputy Commissioner of Police at his home, and he absconded with a Police Barretta Pistol loaded with eight rounds of ammunition.

“Ongoing investigation revealed a barrage of forgeries by the applicant, who opened more than 25 bank accounts using fictitious names with which he had been collecting monthly salaries from over 15 command payrolls,” he said

Enang had argued that If the applicant is released on bail, he will not make himself available for trial as he will run away as usual.

He had argued that under Section 35 (1) (C) of the Constitution, a person’s liberty can be curtailed in order to prevent him from committing further offences.

“Releasing the applicant will jeopardise our investigation as he is still dribbling us over the service pistol in his possession, and taking us on a wild goose chase. 

He had argued that many lives were still at risk since the applicant had refused to produce the police automatic weapon he absconded with.

Enang had therefore, urged the court to refuse the applicant bail.