Sunday 23 February 2014

ECOBANK PLC V. BABTUNDE OKE'S FAMILY


Mr. Babatunde Oke a staff of Ecobank Plc, ogba branch, a bank in Nigeria was alleged to have defrauded the bank of the sum of N1.2 Million Naira, he was arrested by the Nigeria police based on a report from his employers , he was taken into custody while in custody he was interrogated and tortured which eventually led to his death.

Babatunde Oke is survived by wife, two years and five months old children. May his soul Rest in Peace (AMEN).

The Nigerian police is expected to serve as an unbiased empire by handling each matter diplomatically irrespective of who reports a case following the provision of the Constitution  Federal Republic of Nigeria, the Criminal and Civil procedure Acts and its own Act which is the Police Act.

The issues for determination in respect of Babatunde Oke are ;

(i)                  Whether the offence alleged of is so grievous to deny him bail
(ii)                What is the time frame for arraigning an accused in the law court
(iii)               How liable is the Nigeria police in this case
(iv)              How liable is Ecobank as the complainant in this case
(v)                Remedies available to the family of the deceased 

On whether the accused can be granted bail, Section 17 of the Criminal procedure Acts provides that when any person has been taken into custody without a warrant for an offense other than an offense punishable with death, any officer in charge of police station may bring such person before a magistrate within 24 hours after he was taken into custody to inquire the case and unless the offense within appears to be a serious nature discharging the person upon his entering into recognizance  with or without sureties for reasonable amount to appear before a court as soon as possible.

Section 484 of the criminal procedure Act define as soon as possible as practicable whether or not the police inquiries are completed. Section 27 of the Police Act authorizes the police to grant bail pending the trial of the accused person.

Section 35 of the constitution FRN  guarantees the right t personal liberty its subsection (4) however demand that person denied personal liberty in this regard shall be brought before the court of law within time otherwise the person shall be released on bail, reasonable time is further defined as by the court as 24 hours in case of an arrest in any place where there is a court of competent jurisdiction within a radius of 40 km or 48 hours or any longer period that the court considers i.e. in case of arrest after 4pm on Friday.

On whether the management of Ecobank is liable,it is no longer news that in Nigeria where it is discovered that the set the law in motion against the deceased they shall be liable for malicious detention BALOGUN V. AMUBIKHAU (1989) 3NWLR (pt 107) 18

Every officer in charge of the matter popularly referred to as IPO shall be liable if (i) bail was unnecessarily denied which is contrary to the provision of the criminal procedure Act, their own Police Act and above all the constitution .

On whether there is remedy for the family of the deceased their son, husband died in the cause of exercising his duty plus they were the ones who set the law in motion against him by subjecting him to unnecessary torture while investigation is ongoing.

Conclusively, I hereby appeal to the Inspector General Of Police, the Assistant Inspector General of police Zone 2 Lagos, the commissioner of police Lagos state, Minister for police Affairs, the disciplinary committee of the CBN, All human Rights lawyers across the federation to intervene in this matter.

JUSTICE FOR BABATUNDE OKE! JUSTICE FOR ALL!!

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

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