Rights Infringement: Court Strikes Out Traders’ Suit Against IGP, Other

Justice Deinde Dipeolu of the Federal High Court in Lagos has dismissed a fundamental rights enforcement suit filed by two traders, Ngozi Emechebe and Juventus Okpala-Okaka against Inspector-General of Police (IGP), Kayode Egbetokun.

Emechebe and Okpala-Okaka, who operate their businesses from the International Trade Fair market in Lagos, had accused Egbetokun and the Commander, Inspector-General of Police Monitoring Unit, DCP A.

A. Elleman, of unlawfully detaining them and invading their administrative office.
The two traders, who sued alongside the Incorporation Trustees of Auto Spare Parts and Machinery Dealers

Association (ASPMDA) also joined the Lagos State Attorney-General and Commissioner for Justice as the third respondent in the suit.

However, Justice Dipeolu struck out the suit after Peter Asuquo, the applicants’ counsel, moved an oral motion to withdraw it.
They also awarded a cost of N100,000 against the applicants in favour of the IGP and Elleman.

The applicants in the suit had asked for the following: “a declaration that the invitation, arrest and subsequent detention of the 2nd and 3rd applicants within the offices of the 1s and 2nd Respondents between the hours of 10a.m to 6p.m on Friday 19th of January, 2023, in so far as it relates to, connected with in any manner howsoever the unlawful invasion of the administrative office of the 1st Applicant by the officers of the 1st and 2nd respondents which invasion was carried out on the 12 of January, 2024 without any lawful justification in any manner whatsoever is unlawful, unconstitutional and a clear violation of the applicants’ rights as guaranteed under Sections 34, 35, 36 and 40 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).