Court restrains police from harassing, arresting applicant

A Lagos high court, Ikeja has ordered the Police to desist from further harassing and threatening to arrest an applicant, Mr. Salim Hanin.

Justice Femi Adamson gave the order restraining the Inspector General of police, Assistant Inspector General and commissioner of police, zone two from arresting Hanin, an employee of Safalex Nigerian Limited.

Justice Adamson made the order after considering an affidavit sworn by the Director of Safalex Nigerian Limited, Mr. Kazzah Hussein swearing that officers of the Assistant inspector general of Police have continued to intimidate the applicant even after they were served an originating process. 

“The first to third respondent whether by themselves, their agents, servants or privies from further harassing the applicant by way of visit to both residence and office of the applicant, threatening to arrest, calling and stalking the applicant pending the hearing of the substantive suit,” the court ruled. Hanin has been harassed following a breach of contract between his company and the Managing Director of Diversified Consultants Nigeria Limited.

The affidavit stated that Safalex entered into a contract with Diversified Consultants for a 2011 Lexus LX570 armoured luxury jeep to be delivered without any scratch with a clear condition for refund of the purchase price, which is N24 million, in the event of a defect.

Safalex reported that the vehicle was delivered with numerous electrical and mechanical faults, which were immediately reported to Diversified who in turn arranged for engineering experts but the issues were not solved, which led to a demand for refund.

It was noted that Diversified Consultant made a refund of N7million and efforts to complete refund and take possession of the vehicle proved abortive. Instead, the company made a petition to the police, which led to constant harassing of staff of Safalex.

According to the deponent, the constitutional provision, Section 46 provides that where the right is being infringed upon, it is the duty of the court to ensure compliance with the law and the court saddled with the responsibility of protecting its integrity.”