Court Dismisses N100m Rights Breach Suit Against IGP, 4 Others 

By
Kazeem Tunde
-
23
COURT
Court Dismisses N100m Rights Breach Suit Against IGP, 4 Others
Justice Friday Ogazi of a Federal High Court, today, dismissed N100 million fundamental rights enforcement suit, filed by one Ogochukwu Ofodume, against Inspector-General of Police and four others.
Justice Ogazi made the above orders while delivering judgment in the suit marked FHC/L/CS/2639/2023.
Other respondents in the suit are: Assistant Inspector-General of Police, the Nigeria Police Force  (INTERPOL); Head, Interpol National Central Bureau; SP Omijie Bidemi and Zhu Yan Qin, a Chinese.
The applicant, has approached the court through his lawyer, Eze Okam, in a motion brought pursuant to sections 35, 41, 44 and 46(1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) Articles 4, 5, 6 and 12 of the African Charter on Human and People’s Right Ratification and Enforcement Act Cap A9 Laws of the Federation of Nigeria 2004: Article 3, 9 and 13 of the Universal Declaration on Human Rights 1948 Order 2 Rule 2 of the Fundamental Rights Enforcement Rules 2009 and under the court’s inherent jurisdiction.
While the IGP, Assistant Inspector-General of Police, the Nigeria Police Force (INTERPOL); Head, Interpol National Central Bureau and Omijie Bidemi, a superintendent of Police (SP) were defended in the suit by Barrister Morufu Animashaun of ForceCID’s Legal department Alagbon, Ikoyi-Lagos. And the fifth respondent, Zhu Yan Qin, was defended by Barrister John Nwokedi.
The applicant had asked the court for the following reliefs against all the respondents: “a declaration that the applicant is entitled to his right to personal liberty, freedom of movement, and dignity as guaranteed by Sections 35,36, 43, 44 and 45 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 5 and 6 of the African Charter on Human People’s Right (Ratification and Enforcement) Act Cap A9, Laws of the Federal Republic of Nigeria 2004 without any form of harassment, intimidation, molestation or detention by the 1st-4th respondents at the instigation of the 5th respondent.
“A declaration that the dispute between the applicant and the 5th respondent is of a purely civil and contractual nature and thus outside the purview of the jurisdiction of the 1st-4th Respondents.
“A declaration that the arrest and detention of the applicant based on an invitation of the 1st–4th respondents at the instance and instigation of the 5th respondent over a purely civil transaction between the applicant and 5th respondent runs contrary to Section 35 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 6 of the African Charter on Human People’s Right (Ratification and Enforcement) Act Cap A9 as well as Articles 3, 4 and 9 of the Universal Declaration on Human Rights 1948.
“Order directing the 1st—4th respondents to unconditionally release the applicant’s international passport with No. BO0641566 that was unlawfully seized and retained by the 1st—4th as part of the conditions for the grant of administrative bail to the applicant.
“An order of perpetual injunction restraining the 1st—4th respondents, whether by themselves, servants, privies and/or agents from further arresting, inviting and/or detaining the Applicant at the instance of the 5th respondent and pursuant to the contractual/civil transaction and or dispute between the Applicant and the 5th respondent.
“An order of perpetual injunction restraining the 1st—4th respondents whether by themselves, servants, privies and/or agents from placing a Post-No Debit (PND) Order or any other restriction on the accounts of the applicant or his staff, agents, privies or assigns in any commercial bank within and outside Nigeria on a purely contractual and civil dispute between the applicant and the 5” Respondent except in accordance with a valid judgment of a court of component jurisdiction in Nigeria
“N100 million general damages against the 1st–5th respondents jointly and several for gross violation of the applicant’s fundamental right as guaranteed in Section 35 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Article 6 of the African Charter on Human People’s Right (Ratification and Enforcement) Act Cap A9 as well as Articles 3, 4 and 9 of the Universal Declaration on Human Rights 1948.”
In urging the court to dismiss the suit for lacking in merit and for being abuse of court Barrister Animashaun filed a counter-affidavit, written address and some documentary exhibits.
Parts of the aveerment in the first to fourth respondents’ counter-affidavit deposed to by SP Bidemi Omijie, one of the investigating officers reads: “that I am  a serving Police Officer and Investigating Police Officer who   Investigated  criminal complaints of Conspiracy, Obtaining by False Pretence and Stealing  the sum of five hundred and nine million and   twenty three thousand naira (N509,023,000) against one VIP Ogochukwu, the applicant.

“That  as the Investigating  Police Officer who investigated criminal  complaints of conspiracy,  obtaining by false pretences and Stealing by fraudulent conversion the sum of five hundred and nine million and twenty three thousand naira (N509,023,000) against one VIP Ogochukwu (i.e the applicant), I know as facts that depositions in paragraphs 8, 9, 10, 11, 12, 13, 14, 15,16,17,18,19,20 and 21 respectively, of the affidavit in support of the applicant’s originating motion are false and I state the true and correct position as follows :

“Contrary to the depositions by the applicant that in early days of business relationship with the 5th Respondent, he make upfront  payments, investigation reveal that applicant in 2023 received 1,228 bales of wax clothes valued at N202, 620 million, and another five hundred and eighty three (583) bales  of wax clothe, valued N96, 195, million, remain unpaid by the applicant.

“That having collected the goods the applicant wilfully refused to make payment and till date the applicant had defrauded the 5th respondent the sum of five hundred and nine million, and twenty three thousand naira and the applicant had been evading the calls of the 5th respondent respondent. And that  findings in the course of investigation also reveal that the applicant under the pretence of assisting 5th  respondent to export timbers for shipment to China induced the fifth Respondent to release moneys for  timbers and loading valued at N45,200,000 million, from Guinea  for shipment to China but till date no containers load of timers were shipped by applicant to China neither did he refund the sum so collected from the fifth Respondent for the purchase, loading and shipment of the timbers neither did he show any receipt of payment for any timbers to the fifth Respondent.

“That the applicant in his own statement admitted to have collected the products and moneys for timbers for shipment to China and that he sold some of the products and diverted the proceeds to develop two VIP apartments and diverted some of the proceeds into his textile business. And that investigation also reveal that the applicant did not purchase any timber for shipment to China and  findings from Nigeria Custom Service reveal that there was never a time any shipment of timbers bound for China were seized from the applicant.

“Findings  also reveal that there was never a time the fifth  respondent and applicant agreed that applicant make purchase and shipment of the timbers from Sierra Leone to China as the  agreed route is Guinea to China and applicant did not inform fifth respondent about any trip to Sierra Leone and the payment  for purchase of the timbers for shipment to China were solely financed by the fifth respondent.

“That as the Investigating  Police Officer who investigated criminal complaints of conspiracy, obtaining by false pretences and stealing by  fraudulent conversion the sum of N509,023,000 million, against one VIP Ogochukwu (i.e the applicant), I know as facts that depositions in paragraphs 22,23,24,25,26,27, 28,29, 30,31,32,33 and 34 respectively of the affidavit in   support of the applicant’s originating motion are false.

“That there was never a time a staff of the applicant was arrested in lieu of the applicant. And that contrary to the depositions that applicant was detained from 8 day of December, 2023 to the 15 day of December,  2023, the true facts and correct position are; “When the applicant honoured the police invitation on 8th day of December, 2023, he was accorded respect and treated with decorum and civility, shown a copy of the petition against him for him to respond accordingly.

“That immediately the applicant volunteered his statement in an atmosphere devoid of torture, intimidation and promise, he was granted bail same 8 day of December, 2023. And that the applicant having been granted bail on 8 day of December, 2023 by 3.42pm, he was unable to produce any surety to take him on bail and as a result on 11 day of December, 2023, a remand order was granted by Magistrate S.O.Babalola, sitting at Court 12, Igbosere, Lagos in Charge No. M/846/2023 and the case was adjourned to the 10 of January, 2024.

“Contrary to the depositions that  the first to fourth respondents demanded the sum of N10 million, for his administrative bail and that he paid eight hundred and fifty thousand naira before he was released on bail, the truth is that upon the applicant producing one Mrs Soewu Olorunju  as surety, he was released immediately the particulars of the surety were verified same 15 day of December, 2023 without payment  of any amount or sum whatsoever.

“That deposit of International passport was a precondition for the bail to which applicant was made aware when he produced one Mrs Soewu Olorunju as his surety and applicant was never forced to deposit the international passport.

“Contrary to the depositions that the applicant is being constantly harassed by the first to fourth respondents, the truth is that  the applicant was never harassed with any arrest as the case is already before Magistrate Court 12, Igbosere and same adjourned till 10 day  of January, 2024. And that  the first to fourth  respondents did not in any attempt to recover debt or money owed by applicant to the fifth respondent but only investigated criminal complaints of Obtaining Money under false pretences and stealing and findings reveal that applicant himself admitted to have fraudulently diverted the funds and proceeds from sale of goods supplied to him by fifth respondent into development of VIP apartments  and textile business as indicated in his statement dated 8 day of December, 2023 written by applicant in his own hand writing in an atmosphere devoid of threat and intimidation.

“That I know as a fact that the  applicant’s Fundamental rights had not not been violated nor breached by lawful investigation of criminal complaints against the applicant. And that on the 14  December, 2023  by 14:00 hours, being Tuesday at ForceCIID  Annex, Nigeria Police Force, Alagbon, Ikoyi, Lagos State, I was informed by M. A Animashaun Esq. and I verily believe him that, this suit was instituted in bad faith to stop criminal prosecution of the for the offences of conspiracy to commit felony and stealing disclosed against the applicant during investigation of criminal complaints against him.

 

“The Nigeria Police (i. e the respondents) is empowered to  Investigate crimes, apprehend offenders and prosecute person against whom an offence is made. And that the first, second, third, and fourth respondents acted lawfully by inviting the applicant in the course of investigation of the criminal complaints against the applicant  and during interrogation and remand of the applicant .

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