A Lagos High Court, Ikeja, on Wednesday gave the Lagos State Commissioner of Police, Mr. Umar Manko, until September 9 to produce a suspected armed robber, Mr. Femi Ilesanmi, in court.
Justice Ganiyu Safari gave the order in a short ruling on an ex parte application filed on behalf of the suspect by his family members, who were apprehensive that the police might have killed him in their custody.
Safari granted the prayer by the family's counsel, Mr. Taiwo Adedeji, who had urged the court to order for the production of the suspect to allay the relatives' anxiety.
The suspect's brother, Mr. Bayo Ilesanmi, alleged in an affidavit in support of the application, that Femi was on June 21, 2013, detained at the Abattoir Police Station, Oko Oba, Agege area of the state, where he was allegedly killed.
He stated that there was "the rumour going round that the applicant (Femi) was tortured and killed extra-judicially" by the police and the other defendant in the suit.
Apart from Manko, the other defendants are the Officer in Charge, Lagos State Special Anti-Robbery Squad, Mr. Abba Kyari, and the Divisional Police Officer Officer, Abattoir Police Station, in whose custody the suspect was said to have been killed.
The fourth defendant is the head of Oodua People's Congress in Orile Agege, Mr. Wasiu Elemere, who was said to have arrested Femi in Orile Agege on June 21, 2013 and subsequently handed the suspect over to Abattoir Police Station on the same day.
"We have severally requested for the body of the applicant to be released to us even if it is true that he was murdered by the respondents but they have refused to do so," Bayo's affidavit read in part.
Bayo stated in the affidavit that his 36-year-old brother was not an armed robber but a businessman, who was "hardworking, resourceful and full of life".
He claimed that his brother was a victim of "a set up cleverly orchestrated by his rivals in their association who see him as a threat to their ambition of becoming the chairman of the association."
He added, "The applicant's rival in the association connived with the fourth respondent (Elemere) being the head of Oodua Peoples Congress to arrest the applicant on allegations that were cooked up against him."
In the subastantive suit, the lawyer is seeking the court to, among other prayers, award the sum of N100m against the respondents "being compensation for the violation of the applicant's fundamental rights."
He said the violations were contrary to sections 33(1), 34(1) (a), 35(1) and other sections of the Constitution.
