Osun Electoral Commission, Chairman Sue Police IG Egbetokun, Other Over Staff Arrests During Council Polls, Seek N2Billion In Damages
They are seeking N2 billion in damages for the alleged illegal arrest and detention of OSSIEC staff, including ad-hoc staff, in connection with the 2025 Local Government Elections.
Osun State Independent Electoral Commission (OSSIEC) and its Chairman, Hashim Akintunde Abioye, have taken legal action against the Inspector General of Police, Kayode Egbetokun, and the Osun State Commissioner of Police.
They are seeking N2 billion in damages for the alleged illegal arrest and detention of OSSIEC staff, including ad-hoc staff, in connection with the 2025 Local Government Elections.
The lawsuit, filed at the Federal High Court, Osogbo Judicial Division, claims that the defendants’ actions violated the fundamental rights of OSSIEC staff, including their rights to liberty, private life, and dignity.
In Suit No. FHC/OS/CS/41/2025, filed on Tuesday by its counsel Maruf Adediran Esq, the commission is seeking declarations that the arrest and detention of its staff members during Saturday’s council elections were unlawful, and an order directing the defendants to pay N2 billion in damages.
According to the lawsuit, the defendants’ actions were not justified, particularly in relation to the “peaceful, free, and fair election” conducted by OSSIEC on February 22, 2025.
The commission is also seeking an order restraining the defendants from further arresting, detaining, or taking any steps that could hamper the fundamental rights of OSSIEC staff.
The suit listed Osun State Independent Electoral Commission and Hashim Akintunde Abioye (Chairman Osun State Independent Electoral Commission, suing for themselves and on behalf of all staff including ad hoc staff for the 2025 Local Government Elections) as the 1st and 2nd Plaintiffs while the Inspector General of Police and Osun State Commissioner of Police were listed as 1st and 2nd Defendants.
The fundamental rights enforcement suit commenced through Originating Summons, is brought pursuant to Order 1 Rule 1, Order 2 Rules 1 & 2 of the Fundamental Rights Enforcement Procedure Rules 2009, Sections 34 (1), 35 (1), 35(6), 36, 41, 44 And 46 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Provisions of the African Charter on Human and People’s Right (Ratification And Enforcement) Act, Laws of the Federation of Nigeria, CAP A9, LFN 2004.
The Plaintiffs sought among other reliefs: “A declaration that the plaintiffs generally, severally and variously are entitled to enjoy their fundamental rights to liberty, right to private life, right to dignity of human person as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.
“A declaration that going by the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the conduct of the defendants was not justified in arresting and detaining the plaintiffs’ staff for days in the first place, particularly in relation to the election conducted by the plaintiffs on 22nd day of February 2025, thereby the arrest and detention was illegal, unlawful, while the threat of further arrest and/or continuing detention of the plaintiffs’ staff by the defendants is illegal, unlawful.
“A declaration that going by the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the defendants were not justified by their act of invading/sealing off the plaintiffs’ office premises and threat to arrest the plaintiffs and their staff in flagrant disregard for the right to private life, right to liberty particularly in relation to the peaceful, free and fair election conducted by the plaintiffs on 22nd February 2025.
“An order directing the defendants to immediately vacate and unseal the plaintiffs’ office premises and immediate release of the plaintiffs’ staff arrested by the defendants in relation to the peaceful, free and fair election conducted by the plaintiffs on 22nd February 2025.
“An order restraining all the defendants from arresting, detaining and/or taking any step or further step or doing anything capable of hampering the fundamental rights of the plaintiffs to liberty, private life and property as enshrined under the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights particularly in relation to the free and fair election conducted by the plaintiffs on 22nd February 2025.
“An order directing all the defendants jointly and severally to pay to the plaintiffs a sum of N2 billion as damages, for instigating the breach and actual breach of the fundamental rights of the plaintiffs and her staff to liberty, dignity and private life.
“And for such further or other orders as this honourable court may deem fit to make in the circumstances of this case.”
The plaintiffs listed 14 grounds for the originating summons, stating that the suit “is necessary so as to allow the plaintiffs the right to enjoy their fundamental rights as guaranteed under the 1999 Constitution as amended and the African Charter on Human and Peoples’ Rights”.
“The plaintiffs’ fundamental rights to liberty and private life are being hampered by the activities of the defendants as they have collaborated to deny the plaintiffs their right particularly in relation to the free and fair election conducted by plaintiffs on 22nd February 2025,” they said.
