Alleged Rights Violation: Court Stops Police From Arresting, Detaining Businessman

A Federal High Court in Lagos has restrained the Nigeria Police Force and inspector-general of police from inviting, arresting or detaining a businessman pending the hearing and determination of his fundamental rights enforcement suit.

Justice D.I. Dipeolu of the court issued the restraining order in response to a suit marked number FHC/L/CA/2318/2024, filed by the applicant. The Nigeria Police Force and five others are respondents.

Specifically, the judge, after hearing Robinson Alaekwe, counsel for the applicant who moved the motion paper, ruled, “That an order is hereby granted barring the officers and agents of the 1st -5th respondents from further inviting, arresting or detaining the applicant pending the hearing and determination of the originating motion on notice.”

In his substantive motion, the applicant accused the head of the IGP Monitoring Unit, Akingbade Fakorede, of infringing on his fundamental human rights.

His lawyer, Oladimeji Ekengba, has, through some court documents, accused the head of the IGP Monitoring Unit, DCP Akingbade Fakorede, of engaging in “disgraceful and unlawful conduct by allegedly compromising justice, aiding and abetting fraud including acts of disobedience to lawful court orders.”

The applicant alleged that his limited liability company, which engages in software engineering and other related matters, was interested in acquiring vehicles and real properties for its operational activities in Abuja and, as such, engaged an agent, the 6th respondent, to help purchase the said properties. However, the 6th respondent turned around and started laying claim to those properties.

He alleged that the 6th respondent brought an offer of a plot in Abuja for N380,000,000 issued by a developer.

The applicant again recommended that the company transfer a cumulative sum of N296,000,000 for the purchase of vehicles for its operations, in accordance with the company board resolution, into the account of the 6th Respondent.

According to him, “Curiously, the 6th respondent, instead of executing and transferring the title in the properties purchased for the company, decided to convert the properties to herself in breach of the trust reposed in her and after persistent demands by the company.

“The matter was reported to the Nigeria Police, who investigated and discovered in its report that there was indeed a criminal breach of trust by the 6th respondent, which led to the police filing a charge against her before the Federal High Court in Lagos for the infraction of the law of the land.”

He alleged that the 6th respondent “Jumped the police administrative bail granted her and enlisted the 3rd respondent, DCP Akingbade Fakorede, to compromise the company’s case by seeking to arrest and detain the Applicant for no just cause.”

The lawyer noted that the applicant approached the Federal High Court in Lagos to enforce his fundamental rights, and on 2nd January 2025, Justice D.I. Dipeolu issued an order granting him the same.

The applicant’s lawyer, however, said, “Despite the order of court which was served on the 3rd respondent restraining him from further inviting, arresting or detaining the applicant pending the hearing and determination of the originating motion on notice, the 3rd respondent, DCP Akingbade Fakorede on 31st January 2025 sent another letter of invitation signed by himself to the petitioner in defiance of the court’s instruction.”