Missing Son: Court to Decide Parents’ N1bn Suit Against Police, Others December 10

Wale Igbintade 

Justice L.A.F. Oluyemi of the Lagos High Court, Ikeja, will on December 10, 2024 deliver judgement in a N1.060 billion fundamental rights enforcement case filed by traumatised couple, Mr. Steven Amos and his wife, Doris, over the sudden disappearance of their son, Kingsley Amos in the custody of Lagos State Government 14 years ago.  

The judge adjourned for judgement following the inability of the respondents to show up in court and defend the matter since it was filed and served on them. 

The applicants in a Motion on Notice dated March 8, 2022 filed and argued by their counsel, Eze G. Alala, prayed the court to declare that the raid, arrest, detention and torture of Kingsley infringed on his fundamental human rights.

The suit marked ID/13107MFHR/22 has Mr. Steven Amos, Mrs. Doris Amos and Kingsley Amos as first to third applicants respectively, while the Lagos State Government, Attorney General of Lagos State, Lagos State Ministry of Youths and Social Development, Commissioner of Police, Lagos State and the Inspector General of Police (IGP) are the first to fifth respondents.

The applicants want the court to make an order, mandating the police and other respondents to disclose where Kingsley, who was unlawfully arrested in front of their home in Ojodu, is kept since January 11, 2010.

They, therefore, prayed for an order of court to release the 3rd applicant forthwith as detained, alive or dead; or disclose where he had been kept since then. 

In addition, they are also asking for the sum of N1billion jointly and severally against the respondents for the arrest, detention and torture of the 3rd applicant and the mental and psychological torture coupled with ridicule which the 1st and 2nd applicants have been subjected to by the agents/officers of the respondents.

The plaintiffs are also asking for the sum of N50 million as exemplary damages jointly and severally against the respondents for the unlawful arrest and detention.

“An order compelling the respondents to publicly apologise to the applicants in the national dailies for the unlawful raid, arrest, detention and torture of the 3rd applicant, as well as paying  21 per cent  interest on judgment sum from the date of the detention of the 3rd applicant until final liquidation of the judgment and cost of action in the sum of N10 million,” they prayed.

The applicants in their eight grounds upon which their reliefs are being sought stated that the 3rd applicant (Kingsley) who is about 30 years of age as at 2010 developed a mental sickness and was undergoing treatment when the 1st and 3rd respondent’s through their agents raided Ojodu Area of Lagos State and took him away, while sitting in front of their house at No. 40 Bashiru Street Ojodu, Lagos without their consent or knowledge.

“He was taken to Majidun Rehabilitation Centre on January 11, 2010 and till date, (Kingsley) has been detained and or killed by the respondents and their agents/ officers who have refused, neglected and blatantly objected to disclose the 3rd applicant’s whereabout while under the 1st and 3rd respondents’ custody,” they claimed.

The applicants disclosed that upon the illegal arrest, they searched for three days and moved from one centre to the other, before they finally found him at Majidun Rehabilitation Centre on January 14, 2010.

They explained that they met with the authorities of the 1st and 3rd respondents on that date and they confirmed that their son was in their custody. 

“The 1st and 2nd applicants complied with the procedures as they were directed for the treatment of their son with their details for easy communication and were interviewed by two different doctors at appropriate dates scheduled for them and treatment commenced on Kingsley by the doctors, as the 1st and 2nd applicants visited severally with food items which were documented.

“Surprisingly, on April 14, 2010, the 1st and 2nd applicants went to visit their son in the centre, but were told by the agents and staff of the Lagos State government that an order came from Alausa ordering the transfer of their son together with a few other persons to an undisclosed location.

“The applicants have made every attempt to inquire as to the place, time and modalities for the alleged transfer of their son, but none of the staff of the 1st and 3rd respondents is willing to give further information and the 3rd applicant is still missing till date without any effort by the respondents towards bringing back the first child and son of the 1st and 2nd applicants since January 11, 2010 till date,” Alala explained.

He stated that the actions of the respondents by arresting, detaining and deliberately dehumanising the 3rd applicant were unconstitutional and unlawful.