Connect with us

News

Police, DPP’s negligence kept 23-yr-old Mechanic in prison for 9 yrs

Published

on

When 23 year-old Mustapha Owolabi, a resident of  Abeokuta, Ogun state left his house to a mechanic workshop where he was an apprentice, he never imagined that it would take him 9 years to return.
As he left his house on that morning of April 6, 2013, Mustapha had no premonition that trouble was lurking in the corner.

As he gleefully trekked towards his workshop, three fierce looking plain cloth Policemen suddenly accosted him at a corner. Before he could inquire why he was been arrested, several hot slaps had landed on his face. The more he tried to resist being pulled towards a waiting police van, the more slaps and kicks he got from the Police officers.

As he struggled to make sense of the whole drama at the back of the Police van where he was forcefully pushed into,  many other young boys like him were also arrested in similar fashion at different locations in Ogun and Lagos and taken to the dreaded SARS office in Ikeja, Lagos.

Paraded for  possession of firearms

Narrating his harrowing experience at the SARS office, Mustapha said he was asked to get somebody to bail him and that when he couldn’t reach any of his family members, his offence was changed to armed robbery.

Advertisement
“When they brought us to SARS Ikeja, everyone was asked to contact their relations to bail them. My father was already late at the time I was arrested and I couldn’t reach out to any other person in my family. One day, one of the officers told me that I should agree with whatever they said I did else they will ‘waste’, me. By then, my daily beating was getting too much so I agreed to accept anything they said I did.

“One day, they paraded me and one other person, surrounded us with guns and asked us to agree that the guns were recovered from us. I know that if I refused to corporate with them, they will kill me, so I agreed with all they said we did. I spent about three months in detention at their office before I was taken to court. “

Journey to  Kirikiri

After Mustapha’s case made headlines in the media, he was arraigned before an Ikeja Magistrate on a ‘Holden Charge’ of illegal possession of fire arms. The court subsequently made an order for his remand at Kirikiri prison pending a legal advice from the Lagos state Directorate of Public Prosecution, DPP.

For two years, 2013 to 2015 when the Magistrate court gave the order for his remand, and the Lagos DPP issued a legal advice on the matter, Mustapha was left to languish in prison until early 2016 when the DPP further directed the Police to arraign him before the High Court of Lagos for possession of fire arms.

Advertisement

Police ignores  DPP’s advice

After the DPP  managed to issue a legal advice recommending that Mustapha be tried before the High Court, the Police never acted on the advise. Mustapha said that after two years of waiting to be properly arraigned so that he could prove his innocence before the court, he gave up hope of ever being released. For the next two years, Mustapha said he became a shadow of himself and completely lost interest in recreational or social activities in the prison.

Maximum penalty for possession of firearms

According to the provisions of the Criminal Law of Lagos State 2011, under which Mustapha’s alleged crime was captured, the maximum penalty for the offence of unlawful possession of firearms is three years. Since he was   arraigned before the Magistrate Court at the first instance in 2013, by 2016, Mustapha ought to have been released having served the number of years he ought to have if found guilty.   But that was not the case as he had spent 4 years in prison as at 2017.

DPP’s strange legal advice

Advertisement

Despite being aware of this provision of the law and also aware that Mustapha had spent four years at the Kirikiri prison, the Lagos DPP strangely issued another Legal Advice in 2017 for his prosecution for same offence before an Ikeja Magistrate Court. After the strange advise was given, no action was still taken to properly arraign Mustapha by either the Police or the DPP until 2019 when the law firm of Dr. Charles Mekwunye, SAN under its  pro bono  policy for young lawyers in the firm took over the matter.

Protracted legal battle to free Mustapha

In the Fundamental Human Right Enforcement suit filed by Miss Deborah Ogedengbe,   in 2019 before the Federal High Court, Lagos on behalf of Mustapha, she enumerated the clear abuse of Mustapha’s fundamental rights by the Police and DPP and prayed the court to order his immediate release and also granted damages against the respondents.

The Police and DPP filed their separate responses to the suit same year. While the Police maintained that Mustapha’s detention was ordered by a Magistrate court, the Lagos DPP challenged the jurisdiction of the court to hear the matter and further claimed that it was the duty of the Police to prosecute Mustapha since legal advice had been issued. The matter dragged for three years until May 3, 2022 when Justice J. Lifu delivered judgment in the matter.

Court indicts Police, DPP

Advertisement

In his judgment Justice Lifu blamed the Police and the DPP for the unjust prolonged detention of Mustapha in prison for nine years for an offence with a maximum sentence of three years. The judge condemned the actions of the two public institutions and called for immediate review of similar cases in prisons.

He held: “Based on the available facts and exhibits, the 1st and 2nd Respondents (Police and DPP) have played an ignoble role in the nine years detention of this Applicant without trial. The 1st and 2nd Respondents, no doubt are in flagrant violation of Section 34 (4) and (5) of the Constitution which requires the trial of the Applicant within a reasonable time as this instant case of unlawful possession of fire arm cannot and is not a capital offence to create an exception under Subsection 7 of Section 34 of the Constitution 1999 as amended.

“From the totality of the above reasoning and conclusion, it has once again brought to fore the flaw in our observance and respect for human rights by public institutions vested  with  that responsibility. Nations today are valued and respected by the observance of human rights. Our country, Nigeria should not be lagging behind in that quest.

“It is in that wise that, all law enforcement agents and all stakeholders in this enterprise are to be held accountable. The Court as custodian of justice should not be lagging in their responsibilities as gate keepers in that regard. “The conducts of the lst and 2nd Respondents are herein a

manifestation of the decadence our society is heading to if not checkmated by the external vigilance of the courts. Such outrageous conduct leading to the Applicant to rot away in our correctional facility which is deplorable needing attention should be discouraged at all times.

Advertisement

“In the instant case, the actions of the 1st and 2nd Respondents against the Applicant, is a signal that so many of such Applicants are in the awaiting trial section of our correctional facilities. I use this medium therefore to call on the relevant authorities to be alive to the responsibilities bestowed on them.”

The judge awarded N2million damages against the Police and the DPP but both agencies are yet to comply to the order to pay Mustapha.

My ordeal in prison

Narrating his ordeal to Encounter, Mustapha now 32 years said: “The pains and torture I suffered for those nine years is something I cannot finish narrating in one day. Before I got into the prison, I was an apprentice mechanic but my mates back then, now have their own mechanic workshops.

“While in prison, I went through hell. I almost became a mad man because of too much thinking. I still suffered severe chest pain because of the beating I was subjected to while in SARS detention. When I initially refused to agree to their cooked up allegation, they used heavy wood to hit my check. I am still suffering the pain till today.

Advertisement

“What the Police did to me was very wicked but I leave them to God. God will judge them at his own time. Since I was released in May, things have not been easy but I am learning to live one day at a time.  But for that lawyer and her boss that God used to deliver me, perhaps I will still be in prison till today. I will forever be grateful to them.”

Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Enugu East Screens 116 Candidates for Nursing, Health Technology Admissio

Published

on

The Enugu East Local Government Area has screened 116 prospective candidates seeking admission into the Enugu State College of Nursing Sciences, Parklane, and the Enugu State College of Health Technology as part of efforts to strengthen the state’s future healthcare workforce.

The screening exercise, conducted under the supervision of the Enugu East Human Capital Development Trust Fund, is aimed at identifying qualified candidates for admission into the health institutions while promoting human capital development among youths in the council area.

According to the Executive Chairman of Enugu East LGA, Engr. Pst. Beloved-Dan Obi Anike, the initiative aligns with Governor Peter Mbah’s healthcare transformation agenda, which includes the construction and operationalisation of 260 Type-2 Primary Healthcare Centres across the state’s 260 political wards, alongside the upgrade of existing health facilities.

Anike said the expansion of healthcare infrastructure would require a steady supply of skilled healthcare professionals, making investment in education and training a priority.

He noted that the programme is designed to prepare young people in Enugu East to take advantage of emerging opportunities in nursing, health technology, and other allied health professions, thereby contributing to improved healthcare delivery across the state.

Advertisement

The council chairman commended members of the Enugu East Human Capital Development Trust Fund for conducting what he described as a transparent and credible screening exercise and encouraged the candidates to remain focused as they prepare for their entrance examinations.

He reaffirmed the council’s commitment to education, youth empowerment, and human capital development, stressing that creating opportunities for young people remains one of the most enduring legacies of government.

Continue Reading

News

SGF Accused of Withholding Tinubu’s Appointment Letter as Leadership Crisis Rocks BCDA

Published

on

Three weeks after President Bola Tinubu appointed Dr. Abdulrazak Namdas as Director-General of the Border Communities Development Agency (BCDA), controversy has erupted over the delay in issuing his appointment letter, with allegations that the Secretary to the Government of the Federation (SGF), George Akume, is withholding the document.
The Presidency announced Namdas’ appointment on June 26, stating that he would replace Dr. Dakorinama George, who resigned to pursue a governorship ambition in Rivers State. The appointment was declared to have taken immediate effect.
However, Namdas has yet to assume office because the formal appointment letter has not been issued. Meanwhile, George has continued to function as the agency’s chief executive, attending official meetings and representing the BCDA at government engagements.
The development has sparked concerns over a leadership vacuum and raised questions about compliance with presidential directives.
APC chieftain Hamman Yero criticised the delay, questioning why the SGF had allegedly failed to implement the President’s decision.
“If the President directed Namdas’ appointment and the appointment letter is being withheld, then serious constitutional and administrative questions arise,” Yero said, stressing that presidential approvals should be implemented without unnecessary delays.
Despite the controversy, Presidential spokesman Bayo Onanuga insisted that President Tinubu has not reversed the appointment.
“As far as I know, the President has not changed his mind. Namdas remains the head of the agency,” Onanuga said, adding that the issuance of the appointment letter is the responsibility of the Office of the Secretary to the Government of the Federation.
Multiple sources within the BCDA alleged that George resumed control of the agency after failing to secure the APC governorship ticket in Rivers State and has continued to oversee its affairs. Claims that his continued stay is backed by political interests remain unverified.
The situation has drawn comparisons to the 2023 leadership crisis at the Nigerian Postal Service (NIPOST), where confusion over the appointment of the Postmaster-General was eventually resolved after the Presidency reaffirmed its decision.
As of the time of filing this report, the SGF’s office had not explained the delay in issuing Namdas’ appointment letter, while the Presidency maintained that the President’s directive remains in force.

Continue Reading

News

VIDEO: All I Want Is My Daughter’s Body for Burial, Habila’s Father Cries Out

Published

on

The father of the late Mary Habila, Mr. Tanko Habila Wisdom, has appealed to the authorities to release his daughter’s body for burial, insisting that the family is not interested in an autopsy.
Speaking in an emotional video, Tanko said his only desire was to give his daughter a proper burial, lamenting that her body had been kept for too long.
“I am Tanko Habila Wisdom, the father of the late Mary Habila. I don’t have much to say in this case. All that I want is the corpse of my daughter,” he said.
“You don’t keep the corpse of a little child for so long like this. That is why I am here to say once and for all that I need the corpse of my daughter so that I can take her for burial. That is what I am standing on.”

He maintained that the family does not want an autopsy to be conducted, reiterating his demand for the immediate release of the body.
“I don’t want the autopsy, and that is why I am demanding the corpse of my daughter so we can bury her now,” he added.
Tanko also disclosed that the family had enjoyed a cordial relationship with the Minister of Works, David Umahi, where his daughter worked, and stressed that they were not accusing anyone over her death.
“We have been having a very cordial relationship with the Minister of Works, her workplace, and we don’t want that autopsy they are talking about,” he said.
“I am not suspecting anybody because death can occur at any time. Even as we are standing here now, one can fall down and die.”
The family’s appeal comes amid ongoing public interest in the circumstances surrounding Mary Habila’s death, with calls from different quarters for clarity over the incident.

See Video:

Continue Reading

News

Explosion at Gariki Substation Throws Parts of Enugu into Darkness

Published

on

Residents and businesses in several parts of Enugu State were plunged into darkness on Friday evening following an explosion at the Gariki Injection Substation.

MainPower Electricity Distribution Limited (MEDL) confirmed the incident in a statement issued by its Head of Communications, Mr. Emeka Ezeh.

According to the company, the explosion occurred at about 7:30 p.m. on Friday, July 17, 2026, and damaged the indoor 11kV breaker at the Gariki Injection Substation, resulting in a power outage across multiple communities served by the Army and Gariki 11kV feeders.

The affected areas under the Army 11kV feeder include Army Barracks, One Day Road, Meniru, Upper Meniru and Joe Continental.

Communities affected under the Gariki 11kV feeder include Gariki Market, Mayor Market, Roban Stores along Agbani Road, Crunchies on Agbani Road, Mobile Police Barracks, Amechi Road, Upper Mount, Ikiriki, Emeka Ebila, Ozalla Street, Egbonnaji, Nnaji Ogbodo, Idaw River, Igbariam Street, Liberation, Mount, Umuchu, Achina, Vance, Unubi, Enugu Agidi, Amawbia, Amokwe, Kenneth, Amah and Hill Crest.

Advertisement

MEDL said its technical team has commenced a comprehensive assessment of the damage and is working to restore electricity supply to the affected areas as quickly as possible.

The company apologised for the disruption and appealed to customers for patience and understanding while repair work continues.

Continue Reading

News

Habila Family Lawyer: Umahi Repeatedly Requested Autopsy, Family Declined; Petitions IGP Over Delay in Releasing Body (Video)

Published

on

The lawyer to the family of late nurse Mary Habila, Barrister Yusuf, has disclosed that Minister of Works David Umahi repeatedly requested that an autopsy be conducted to determine the cause of her death, but the family consistently declined the request, citing personal, cultural, and traditional reasons.

Speaking during a press briefing at the Force Headquarters in Abuja on Friday, Yusuf said the family had petitioned the Inspector-General of Police (IGP) over the continued refusal of the Ebonyi State Commissioner of Police to release Habila’s body for burial.

According to him, Mary Habila, who died on June 27, 2026, was a registered nurse employed by the David Umahi Federal University of Health Sciences, Uburu, before she was seconded to the Minister of Works’ office, where she had worked for about three years.

He dismissed claims circulating on social media about her profession and character, insisting that Habila was a civil servant with employment records and payslips to support the family’s position.

“It is imperative to state that late Mary Habila was not a physiotherapist. She was a nurse and a civil servant who worked in the minister’s office after being seconded from the university,” Yusuf said.

Advertisement

The lawyer alleged that despite the family’s compliance with police procedures to retrieve the body for burial, it has remained in custody without any explanation from the Ebonyi State Police Command.

He further accused unnamed individuals of attempting to politicise Habila’s death.

“From all indications, some people want to use her death as a pawn in their political manoeuvring just to score cheap political points,” he said.

Yusuf also confirmed that Umahi had, on several occasions, requested that an autopsy be carried out.

“The minister has repeatedly called for an autopsy, but the family has consistently rejected it because of personal, cultural and traditional reasons,” he stated.

Advertisement

He also rejected allegations questioning Habila’s character, describing them as false and defamatory.

“Mary Habila was never a ‘runs girl’ or anything of that nature. She was in Abuja working with the minister in her official capacity,” he added.

Yusuf said the family, accompanied by Habila’s parents, relatives and one of her colleagues, visited the office of the Inspector-General of Police to formally submit their petition seeking the immediate release of her remains.

He expressed hope that the IGP would intervene and direct the Ebonyi State Police Command to release the body so the family could give her a befitting burial.

The petition comes amid growing public interest and controversy surrounding the circumstances of Habila’s death, with the family insisting that their immediate concern is recovering her body for burial.

Advertisement

See Video:

Continue Reading
Advertisement

Trending