Court Restrains Police, Others, Adjourns Suit On Disputed Property

Justice Othman Musa of the High Court of Justice of the Federal Capital Territory (FCT) has granted an ex parte order on a property located in Lekki Peninsula Scheme, Lagos.

The court granted the order in a case of the enforcement of fundamental rights in Suit No. FCT/HC/CV/4636/2025 between Mr Henry Ugonna Orabuchi and the Nigeria Police Force and five others.

In the application for the enforcement of fundamental rights, Orabuchi (applicants) claimed that the respondents infringed on his fundamental rights guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

He claimed that he bought 3,000 square metres of reclaimed land at the back of the property described as Plot No A Block 12, Lekki Peninsula Scheme, Lagos State, from one Emecheta Elvis Eze (the 5th respondent), who is the beneficial owner of the property.

According to court documents, as of the time of the transaction in January 2023, the land had not been reclaimed and the contract stipulated that the portion of the land (3,000sqm) shall be given to Orabuchi after the land has been reclaimed.

After reclaiming the land, the 5th respondent applied for recertification and processing of certificate of occupancy to secure the title for the entire land measuring about 10,000 square metres from which 3,000 will be apportioned to the applicant.

While the title was being processed, the applicant alleged that the 5th respondent refused to fulfil his part of the bargain by denying him access to the property and reported the matter to the Nigeria Police in Lagos. Later, the applicant took over possession of the entire property, including the main property and the entire reclaimed land.

Following the applicant’s action, the 5th respondent’s lawyer, Prof. Mike Ozekhome (SAN), wrote a petition against the applicant to the police for criminal trespass, damage to property and threat to life, based on which the police on 11th November, 2025, invited Orabuchi.

The applicant argued, in his case before the court, that the police invitation was based on a malicious allegation, “crafted solely to intimidate and harass him and to compel him into relinquishing his lawful proprietary and contractual rights over the property.”

Following the application filed by the applicant’s lawyer, Chikaosolu Ojukwu (SAN), Justice Othman Musa granted an ex parte order over the property.

He said, “That an interim Injunction is hereby made restraining the 1st to 4th respondents, either by themselves or through any of 1st respondent’s commands, formations, units, agents, operatives or officers under its command, control or direction, from inviting, arresting, detaining harassing, intimidating or howsoever dealing adversely with the applicant in connection with the subject matter of this suit, pending the hearing and determination of the substantive suit”.

“That an Interim order is hereby made directing the 2nd respondent, through the Assistant Inspector General of Police, Zone 2, Lagos State, and the 6th respondent to seal and secure the entire property known and described as Plot No. A, Block 12, Lekki Peninsula Scheme, Lagos State, including the reclaimed land at the back of the property measuring 3,000 square metres fortwith, and to immediately halt all works, activities, actions, or steps on the said property while ensuring that no person, authority, or entity howsoever described is permitted access to or entry upon the property pending the hearing and determination of the substantive suit before this honourable court.”

“It is important to point out that the ex parte Orders granted by the FCT High Court were granted based on a case for the enforcement of the fundamental rights of the applicant (Orabuchi) over a land that is located in Lekki area of Lagos State, which is outside the jurisdiction of the FCT High Court. The court also joined the Federal Ministry of Housing and Urban Development as the 7th respondent and adjourned the case to 16th December, 2025, for hearing.