Court fixes May 22 for judgment in N10m suit against police, others

A Lagos High court sitting in Ikeja will on May 22, 2017 deliver judgment in a N10 million suit filed by a businessmen, Afolabi Akindele and four others against the Inspector General of Police (IGP).

Aside Akindele, other applicants are Alhaji Adio Kassim Lumosa, Safiu Kassim Lumosa, Yusuff Adegoke and Tunde Badmus.They had asked court for enforcement of their fundamental human rights to life, dignity of human person, liberty, fair hearing and movement as enshrined in the constitution, African Charter on Human and People’s Right(Ratification and Enforcement) Act Cap A9, Laws of the federation of Nigeria 2004, Order II Rule 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009 and inherent jurisdiction of the court.

The defendants include the IGP, Assistant Inspector General of Police (AIGP), Zone 2, the state Commissioner of Police, Deputy Commissioner of Police, Panti CID, Officer in-charge, A 22 Section, Zone 2, Abraham Okesola, Yussuf Okesola, Abubakar Aleogun, Abiodun Adesina a.k.a. Adawa, Tajudeen Ademoye Tinubu and Tajudeen Toriola.

The plaintiffs in their originating motion filed by their counsel, Mr. O. A. Fatoki, before Justice Olabisi Ogungbesan, asked for a declaration that their arrest and detention by the respondents constitute a gross violation of their rights under the constitution and African charter on human and people’s right.

They therefore sought for an order of the court removing a purported investigation by the respondents, the arrest of the 2nd to the 5th applicants and threat to arrest the 1st applicant via an invitation letter dated June 30, 2016 in spite of having not committed an offence.

Also they are seeking for an order quashing an undertaking they were committed into making by the respondents not to go into a parcel of land placed in their care by an order of court.

They asked for an order directing the respondents to write an apology to them in two national dailies and for aggravated damages of N10 million for violation of their rights and for such award to be paid directly infringed on their rights and not their office.

But in a notice of preliminary objection, the 9th respondent filed through his counsel, Mr Adebayo Bisuga, prayed the court to strike out his name and declare the suit incompetent on the basis that it discloses no reasonable cause of action against him.

Also, the other defendants denied the averments of the applicants and prayed the court to dismiss the originating motion because they did not breach or intent to breach their rights.