Court Awards N500m Against IGP, Five Others Over Fundamental Human Rights Abuse of Property Developer

PAUL IYOGHOJIE

The Federal High Court, Lagos, Nigeria has awarded the sum of N500 million in damage jointly and severally against the Inspector General of Police, IGP; Commissioner of Police Interpol, Force Headquarters Abuja, DCP Abbas Sule; Deputy Commissioner of Police DCP Interpol, Abuja, CSP Abdullahi Sanusi; Mr. Bright Solomon Omozejele and Solviz Resources Limited over the violation of the fundamental human rights of an applicant, Dr. Harrison Agboifon, a real estate developer and consultant, intimidation, threat of arrest and invitation to appear at the Force Headquarters, Abuja over a Civil matter relating to buying of a property which occurred in Lagos.

The order was granted by Justice Lewis Allagoa of the Federal High court in Lagos in the suit marked FHC/L/CS/16644/2023.

Justice Allagoa also issued perpetual injunction restraining the IGP, his agents and others from further harassing, intimidating the applicant with arrest and invitation to appear before them in Abuja, pending the hearing and final determination of the fundamental human rights enforcement motion filled by the applicant through his Counsel, Barr. Ikechukwu Anima of DO Crest Chambers, Lagos.

Anima had informed the Court that his client decided to approach the Court to enforce his fundamental human rights following persistent threat, harassment, intimidation by the 1st to 4th respondents, (Police) to arrest him and invitation to appear before them at their office, Force Headquarters in Abuja, Nigeria over  a civil matter relating to buying of a property and not a criminal matter where as the first respondent being head of the Nigeria Police Force can direct his men in Lagos to investigate the matter.

He said his client became afraid of his life and worried when the invitation directed him to report to the Commissioner of Police in charge of Interpol, Force Headquarters, Abuja, Nigeria whose office is not for the the investigation of Civil matters.

Anima stated that the matter between the fifth respondent and the applicant started in December, 2020 when the fifth respondent, Mr Bright Omozejele who is the Managing Director of the sixth respondent, Solviz Resources Limited contacted the applicant, a real Estate developer cum consultant and the Managing Director of Landmark Corporate Realty Limited, Dr Harrison Agboifon for the purchase of a 3-bedroom bungalow building at Abijo GRA, Ibeju Lekki, Lagos which was fixed at the rate of N37 million.

He said the price was later reduced to the sum of N36.5 million with discount after negotiations with the agreement to pay for the property within twelve (12) months.

Anima told me Court that the fitth respondent was supposed to pay the agreed N36.5million within 12 months period being December 2021, but that unfortunately, the fifth respondent failed to pay up the purchase price.

He said  that the fifth and sixth respondents only paid the sum of N19 million out of the aggreed N36.5 million and stop paying and by then the fifth and sixth respondents have breached the agreement binding them.

He stated that instead of the fifth respondents to be remorseful for breaching the agreement, he petitioned the Commissioner of Police in charge of Interpol at Force Headquarters, Abuja to arrest the applicant, boasting that they were going to use the connection they have in Abuja to forcefully collect the property they could not complete the payment from the applicant.

Anima further told the Court that the reliefs being sought by the applicant include that the invitation of the applicant to the first and fourth respondents office in Abuja, Nigeria for a matter that the cause of action arose in Lagos is unlawful and unconstitutional.

That the invitation of the applicant to the 1st and 4th respondents office in Abuja for an investigation of a subject matter and cause of action arose in Lagos while there are other officers of the 1st and 4th respondent especially 1st respondent, IGP in Lagos amounts to intimidation, harassment and torture hence unlawful.

That the threat to arrest and detain the applicant is illegal, a breach of the applicant’s fundamental rights and is in contravention of the applicant’s rights to liberty as guaranteed by section 35((1) and (3) of the constitution of the Federal Republic of Nigeria, 1999.

That the applicant is seeking an order of injunction restraining the respondents either by themselves, agents servants, privies and or subordinates or officials from arresting, detaining and or in any way harassing, intimidating the applicant until the final determination of the suit.

That an order restraining the respondents either by themselves, agents, servants from taking further steps in Connection with the matter and staying of action in Connection with the matter until the final determination of the suit.

That an order awarding damages in the sum of N500,000,000 jointly and severally against the respondents.

The respondents were not present in Court and after hearing the submissions of the applicant’s Counsel, Mr Ikechukwu Anima, Justice Lewis Alagoa declared as follows, That a declaration is made that the invitation of the applicant to the 1st and 4th respondents office in Abuja for a matter that the cause of action arose in Lagos is unlawful and unconstitutional.

That a declaration is made that the invitation of the applicant to appear at the office of the 1st and 4ft respondents office in Abuja for investigation and interview relating to a subject matter and transaction which took place in Lagos State is an intimidation, harassment and unlawful.

That a declaration is made that the threat to arrest and detain the applicant is illegal, a breach of the applicant’s fundamental rights and is in contravention of the applicant’s right to liberty as guaranteed by section 35(1) and (3) of the constitution of the Federal Republic of Nigeria 1999.

That an order of perpetual injunction is granted restraining the respondents whether by themselves, their agents, privies, subordinates, servants and officials from arresting, detaining or in anyway harassing and intimidating the applicant until final determination of the suit.

That an order is granted awarding damages in the sum of N500 million jointly and severally against the respondents.