Police Acted Lawfully In Probe Of Cleric – Petitioner

Justice Obiora Egwuatu of the Federal High Court sitting in Abuja has fixed May 17, 2025, for judgment in the fundamental rights suit filed by Rev. Dr. Israel Akanji, president of the Nigerian Baptist Convention, against the Nigeria Police and others.

The court fixed the date after the parties in the suit had adopted their written addresses.

In the suit, Rev. Akanji seeks redress over what he described as a smear campaign, harassment, and rights violations following a petition accusing him of forging the Constitution of First Baptist Church, Garki, Abuja, and misappropriating church funds.

In the suit marked FHC/ABJ/152/2025, Akanji names the Nigeria Police Force, the IGP, Senior Officers of the Nigeria Police, including CP Ajani Musibau Omolabi and DCP Rita Oki Oyintare, and others, including petitioner Engineer Adekunle Mokuolu.

Akanji, in an originating motion filed by his lawyer, Ovrawah Ogaga, SAN, is seeking, among others, a declaration that his invitation, arrest and detention on the 5th of June, 2024 by the 1st to 6th Defendants as a result of 7th respondent petition against him is wrongful, unlawful, illegal, unconstitutional and flagrant violations of his rights to his personal liberty.

Akanji also sought an order of injunction restraining the 1st to 6th respondents from further inviting, wrongly arresting, molesting and detaining him on account of the ‘false, baseless and malicious’ petition written by the 7th respondent, among other reliefs.

The applicant is demanding an order that the respondents pay, jointly and severally, N1bn as compensation and damages for the harassment and expenses suffered during the violations and deprivation of his fundamental rights.

However, in a court document sighted by our correspondent, Mokuolu (7th respondent), in a counter affidavit opposing the originating motion, maintained that his petition was filed in good faith to address alleged abuse of office and financial irregularities against the church.

Mokuolu insisted that the police acted within their legal mandate by inviting Akanji. He emphasised that the applicant was never arrested or detained as claimed but was released on bail based on self-recognisance on the same day the officers invited him.

He dismissed Akanji’s rights violation claim, noting that the matter has already resulted in criminal charges pending before the FCT High Court in Kwali in the suit marked CR/1045/24.

The 7th Respondent told the court that granting Akanji the fundamental rights reliefs sought would undermine ongoing judicial proceedings.

The respondent averred that the 1st to 6th respondents have a duty to investigate crimes and were only carrying out their duty by inviting the applicant to help with their investigation.

The 7th respondent said it was untrue that he insisted that the 1st to 6th respondents invite the applicant to their office severally as he does not have the powers to control how they carry out their duties under the law.

He also maintained that the applicant is not entitled to a hefty and deterrent cost as damages against the respondents carrying out their lawful duties.

Mokuolu asked the court to dismiss the motion, arguing that granting the application would not serve the interest of justice.

Efa Oka, counsel to the 7th respondent’s written address in opposition to the applicant, prayed the court to dismiss the applicant’s case with substantial cost as “same is an attempt to shield himself from criminal prosecution.”

He argued that “The applicant has not established that the complaint of the 7th Respondent, which borders on an allegation of forgery and misappropriation of funds, was done mala fide. “