Justice Tijjani Ringim of the Federal High Court in Lagos has struck out a fundamental rights enforcement suit filed by a businessman, Emeka Nwadiogbu, against the Assistant Inspector-General of Police (AIG) in-charge of Interpol and a Deputy Commissioner of Police (DCP), Martins Nwogoh.
Justice Ringim struck out the suit against the police officers and one Momoh Christopher over the failure of Nwadiogbu to join the Nigeria Police Force (NPF) in the case.
The applicant, who is the promoter of Emilinks Limited, had through his lawyer, Eubena Amedu, dragged respondents before the court on an alleged breach of his fundamental rights in a suit marked FHC/L/CS/234/2022.
He was seeking a declaration that his invitation by the first and second respondents at the behest of the third respondent over a purely civil dispute and to help the said third respondent to recover money allegedly owed him by the Applicant, is illegal. unconstitutional, null, void.
He also argued that the invitation constitutes gross violation of his fundamental rights as enshrined in Sections 34(1) (a) and 35 of the Federal Republic of Nigeria, 1999 as amended, Articles 2, 5 and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap 10, Laws of the Federation of Nigeria, 1990.
But the two police officers, in their 28 paragraphs counter affidavit filed by their lawyer, Morufu Animashaun urged the court to dismiss the application for being frivolous, incomplete and lacking in merit.
In his judgment, Justice Ringim held that: “Since the competence of the Originating Motion is in contention, I feel obliged to give this issue the priority it deserves lest I assume jurisdiction to try this matter in vain.’’
