On getting to my home in Uyo at about 7:00 p.m. on the 27th
April 2020, I caught the officer red-handed with my wife making love on my
matrimonial bed
A businessman, Clement Asuquo Etim, has filed N200m
fundamental rights enforcement lawsuit against the Nigeria Police Force for
arresting, torturing, and framing him up for unknown offences after catching a
randy senior policeman, CSP Celestine Umeh, in bed with his wife, Lawrentia
Asuquo Etim.
The men joined in the suit the Commissioner of Police in
Akwa Ibom State, the Officer-in-Charge of Investigation at the State CID, SP
Ekene Nwosu, and a Chief Superintendent of Police, Umeh.
SaharaReporters had earlier reported how Umeh, currently
serving with the Akwa Ibom State Police Command, instigated the police to
arrest, detain and frame-up Etim and two eyewitnesses on trumped-up charges
after he was caught in bed with the legally married wife of Etim in Uyo, the
state capital.
In a 46-page court document seen by SaharaReporters, Etim
stated that Umeh violated his fundamental right to private and family life as
guaranteed by Section 37 of the Nigerian constitution when he intruded into his
matrimonial home at Aba Ukpo Estate in Uyo and had an amorous affair with his
wife.
A Lagos-based human rights lawyer, Inibehe Effiong, filed
the lawsuit marked Suit No: HU/FHR.72/2020 at the High Court of Akwa Ibom State
sitting in Uyo, and asked the court to enforce the fundamental rights of his
client to the dignity of the human person, personal liberty, private and family
life and freedom of movement. See Also Police EXPOSED: How Businessman Was
Arrested, Tortured, Framed-up After Catching Senior Police Officer In Bed With
His Wife
Effiong asked the court to declare that, “The arrest and
detention of the Applicant by the officers and agents of the 1st, 2nd and 3rd
Respondents from 27th April 2020 till the 30th April 2020 without being charged
to court for a known offence is unreasonable, unjustifiable, illegal,
unconstitutional and a breach of the fundamental right of the applicant to
personal liberty and freedom of movement as guaranteed by Sections 35 and 41 of
the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and
Articles 6 and 12 of the African Charter on Human and People’s Rights
(Ratification and Enforcement) Act Cap. A9 Laws of the Federation of Nigeria,
2004.”
He prayed the court to declare that the harassment,
intimidation, physical and mental torture, the inhuman and degrading treatment
meted out against the applicant by the SP Nwosu is unjustifiable, illegal,
unconstitutional and a breach of the applicant’s fundamental right to dignity
of the human person as guaranteed by Section 34 of the constitution of the
Federal Republic of Nigeria, 1999 (as amended) and Article 5 of the African
Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap. A9
Laws of the Federation of Nigeria, 2004.
The lawyer asked the court to declare that the invasive
acts of CSP Umeh, “including his deliberate intrusion into the home of the
applicant at Aba Ukpo Estate in Uyo Local Government Area, co-habitation with
the wife of the applicant, and laying with the applicant’s wife on the
matrimonial bed of the applicant on 27th April 2020 is grossly offensive,
unjustifiable, illegal, unconstitutional and a breach of the fundamental right
of the applicant to private and family life as guaranteed by Section 37 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Effiong also prayed the court to declare that the invasion
of his client’s home by policemen from the Special Anti-Robbery Squad and the
seizure of the contents of his mobile phone of the applicant by SP Ekene in
conceit with other officers without the applicant’s consent or a court order is
unjustifiable, illegal, unconstitutional and a breach of the fundamental right
of the applicant to privacy as guaranteed by Section 37 of the constitution of
the Federal Republic of Nigeria, 1999 (as amended).
In his 35 paragraphs affidavit, Etim averred that “on
several occasions when I embark on business trips to Calabar, I always receive
credible reports of my wife, Mrs Lawrentia Asuquo Etim, having amorous affairs
with the 4th respondent, CSP Celestine Umeh; including his regular visits to my
matrimonial home and how he equally spent nights in my home with my wife during
my absence.
“On the 27th of April, 2020, my house help who lives in my
matrimonial home, Christopher Bassey, a 15-year-old boy, called me over the
phone in the evening and informed me. I verily believed him, that the 4th
Respondent had come to my home again to spend the night in continuation of his
amorous relationship with my wife. See Also Human Rights Police Conclude Plans
To Rearrest Man Framed-up After Catching Senior Police Officer In Bed With His
Wife
“Following that credible information, I decided to return
home unscheduled. On getting to my home at Flat 7, Aba Ukpo Estate in Uyo at
about 7:00 p.m. on the 27th April 2020, I caught the 4th Respondent red-handed
with my wife making love on my matrimonial bed, not minding the presence of my
15-year-old house boy, my 7-year-old son and my 3-year-old daughter in the
apartment.”
Etim told the court that when he confronted CSP Umeh, he
ran out and fled with his wife.
He said thereafter, policemen from SARS invaded his home
and arrested him, his cousin and house help and took them to the state police
command where he was tortured severely to the point that he started bleeding.
He also told the court that SP Nwosu seized his phone and
deleted incriminating photos and videos that he took and recorded when he
caught CSP Umeh in bed with his wife and that Nwosu falsely accused him of
planning to use the photos and the videos to blackmail Umeh.
Etim also accused Umeh of assisting his adulterous wife to
escape with all his properties and two children to an unknown destination.
Effiong, in his written address, asked the court to order
the Nigeria Police Force, the Commissioner of Police in Akwa Ibom State, SP
Nwosu, who is the Officer-in-Charge of General Investigations and CSP Umeh to
jointly and severally pay him the sum of N200, 000, 000 as general and
exemplary damages for violating the fundamental rights of his client to the
dignity of his person, personal liberty, private and family life and freedom of
movement.
The lawyer also asked that the respondents should be
ordered to publish a public apology to his client in two national newspapers
and that the court should restrain the police from further violating the rights
of his client.
The case has been assigned to Hon. Justice Charles Ikpe of
the Akwa Ibom State High Court and has been fixed for June 11, 2020, for
hearing.
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