Court dismisses rights abuse suit against IGP, others

A Federal High Court, Abeokuta, Ogun State has dismissed a fundamental rights enforcement suit filed against the Inspector General of Police (IGP) and two others for lacking in merit.

The suit, marked FHC/ABK/FHR/53/2022, was filed by the family of a businessman, Ajibona Bamidele Adesina.

Justice Anulika Okeke while dismissing the suit held that when a crime is imputed as was done in this case, the Police reserve the right to invite the suspects for purposes of investigating the allegations.

The court held that the applicants’ fundamental rights had not been breached and there was none to protect.

“Indeed, the applicants should submit themselves to the Police for the law to take its course,” the court stated.

Apart from dismissing the suit, Justice Okeke also awarded a cost in favour of the IGP and other respondents.

The applicants were Mrs Odunola Serifat Adesina; Olatunde Adebayo Adesina; Sawyer Abidemi Adesina and Afolabi Dada, while the IGP, Assistant Inspector General of Police (AIG) and Commissioner of Police (CP) Legal Section, both of FICD Annex, Alagbon, Ikoyi, were defendants.

The applicants, through their counsel, Emmanuel Ireruke, had dragged the IGP and others before the court in an originating summons, seeking to protect their fundamental rights.

They asked the court to make a declaration that the respondents are not debt collectors and are not empowered to enforce civil contracts or recover debts arising from private commercial transactions.

They also prayed to the court for an order of perpetual injunction restraining the respondent, his officers, and agents, from threatening to arrest, detain, harass, molest or in any manner infringe on the first, second, third and fourth applicants’ rights to personal liberty.

The applicants therefore prayed the court to award the sum of N500,000 each being damages against the respondents as compensation to the first, second, third and fourth applicants, as a result of the violation of their constitutional rights, among other prayers.

However, the respondents prayed the court to dismiss the applicants’ suit with substantial cost.

The respondents filed a joint counter-affidavit deposed to by Mr. Kenneth Onwuelezi, an Assistant Superintendent of Police (ASP), which was argued by their counsel, Mr. Morufu Animashaun, a legal officer, at Force CID, Ikoyi, Lagos.

The respondents said they received a petition dated March 1, 2022, bordering on conspiracy, obtaining by false pretence and issuance of dishonoured cheques against Ajibona Bamidele Adesina and Glorious Occasions and Rentals.

“Contrary to applicants’ depositions, the first applicant is the owner of Glorious Occasions Rentals. The first applicant’s husband is the owner of Ajibona Investment & Tourist International Limited.

“The first applicant’s husband is also the owner of Ajibona Investment & Tourist International Limited.

“The first applicant’s husband approached one Mrs. Kadejo Funmi lyabo, the nominal complainant, to invest in his Bureau-De-Change business. Mrs lyabo invested the sum of N18.8million, into Ajibona Investment & Tourist International Limited on November 11, 2020, with the guarantee of the sum of N22,560,000, as Capital and Interest.

“Mrs lyabo further invested the sum of N20.8million into Ajibona Investment & Tourist International Limited on the 11th of December 2020.

“And that Mrs. Kadejo Funmi Iyabo also invested the sum of N200 million into Ajibona Investment & Tourist International Limited on January 13, 2021,” Onwuelezi swore.

He averred on behalf of the respondents that the applicants failed to keep to the terms of the agreement, refused to refund the investment funds and after several requests, issued cheques that could not be honoured due to insufficient funds.

While delivering judgment in the suit, Justice Okeke, after perusing all the processes filed by the parties and legally considering the arguments canvassed by the counsel, determined all the issues raised in the suit in favour of the IGP and other respondents.

The judge subsequently dismissed the applicants’ suit for lacking in merit.

The court held that the Police have the right to invite the suspects for purposes of investigating the allegations.

“An invitation by the Police to a citizen to ascertain the veracity or otherwise of allegations leveled against the said citizen, cannot constitute a breach or threat to the fundamental right of the citizen,” the judge held and awarded a cost of N100,000 against the applicants.