N500m Fraud: Court Dismisses Businessman Suit Against Police
A Federal High Court, Lagos, Monday, dismissed a fundamental rights enforcement suit filed by a businessman, Chief John Momah, against the Inspector-General of Police (IGP) and seven others.
Apart from dismissing the businessman’s suit for lacking in merit, Justice Buba also awarded the cost of N250, 000. 00, in favour of the first to fourth respondents in the suit.
Other respondents in the suit marked FHC/L/CS/1363/18, are: Deputy Inspector-General of Police (DIG), Force Criminal Intelligence and Investigation Department (FCIID) Alagbon-Ikoyi, Lagos, Assistant Commissioner, General Investigation, Superintendent Abiodun Bamgbose, an Investigating Police Officer (IPO), as first to fourth respondents
While Yaba Trading Associates Nigeria Limited, Okechukwu Ejikeme, Chief Chilotte Callistus and Emeka Chilotte are fifth to eight respondents.
The businessman in his suit filed by his lawyer, Moka Ebuka, had asked the court for a declaration that the business relationship he had with the fifth sixth and seventh Respondents is purely a civil matter that does not warrant the arrest, and further threat of arrest and detention of the applicant by the officers of the first, second and third Respondents.
He had also asked the court to declare that his arrest and further threat of arrest and detention as regards the subject matter of this application is unlawful and unconstitutional as it violates the applicant’s Fundamental Right to Personal Liberty as guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria 1999 as Amended and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria 2004.
An order of perpetual injunction restraining all the Respondents, whether by themselves, agents, servants, privies or any other person(s) acting or purporting to act on the Respondents’ instruction, or otherwise howsoever, from arresting, threatening to arrest, detaining, harassing and prosecuting him with respect to the subject matter of this application. And an order of award of N15 million as General Damages for his unlawful arrest, detention and threats of further Arrest and detention at the instigation of the fifth, sixth, seventh and eighth respondents.
However, the first to fourth respondents in a counters affidavit deposed to by Supol Bamgbose, and filed and argued by Barrister Morufu Animashaun, urging the court for dismissal of the businessman’s suit for lacking in merit. While also asked for N250, 000, 00 cost in favour of all the respondents against the applicant.
In the affidavit, the deponent stated that stated that that he was the Investigating Police Officer who investigated criminal complaints and petition dated July 28, 2018, of Conspiracy, Forgery, Stealing, and threat to life made by the fifth, sixth, seventh and eighth respondents against the applicant, which was referred by the IGP through a referral letter dated dated July, 3, 2018 with Ref. No. CB;7000/|GP.SEC/ABJ/VOL.468/402 and another referral letter dated June 28, 2018 with Ref. No.CB:7000/X/FHQ/ABJ/VOL.466/8.