An Abeokuta, Ogun State division of the Federal High Court, has dismissed a fundamental rights enforcement suit filed against the Inspector-General of Police (IGP) and two others, by the family of a businessman, Ajibona Bamidele Adesina, for lacking in merit.
Apart from dismissing the suit, the court presided over by Justice Anulika A. Okeke, also awarded cost in favour of the IGP and other respondents.
The applicants in the suit marked FHC/ABK/FHR/53/2022 were: Mrs Odunola Serifat Adesina; Olatunde Adebayo Adesina; Sawyer Abidemi Adesina and Afolabi Dada. While the IGP’s co-respondents are: Assistant Inspector-General Of Police (AIG) and Commissioner Of Police (CP) Legal Section, both of FICD Annex, Alagbon-Ikoyi, Lagos.
The applicants through their lawyer, Emmanuel Ireruke, had dragged the IGP and other respondents before the court in an originating summons pursuant to Sections 34, 35 And 46(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended); Articles 4, 5, 6 and 7(1)(a) of the African Charter On Human And Peoples’ Rights (Ratification And Enforcement) Act, (Cap. A9), Laws Of The Federation Of Nigeria, 2004; Order Il, Rules 1 to 5 of the Fundamental Rights Enforcement Procedure Rules, 2009 and under the Court’s inherent jurisdiction.
The applicants have specifically asked the court for the following reliefs: “a declaration that the threat of arrest and detention of the first, second, third and fourth applicants by the respondents over a purely civil commercial transaction involving the first applicant’s husband, Mr. Adeniyi Bamidele Adesina, is unconstitutional, illegal, null and void for being a breach of the Applicants’ rights to respect for the dignity of their persons and personal liberties as guaranteed by the provisions of sections 34 and 35 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6 & 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Laws of the Federation on Nigeria, 2004;
“A declaration that the respondents are not debt collectors and are not empowered by the Act from which they derives their powers to enforce civil contracts or recover debts arising from private commercial transactions.
“An order of perpetual Injunction restraining the Respondent, either by himself, his officers, agents, privies, servants or howsoever called from threatening to arrest and detain or from arresting, detaining, harassing, molesting or in any manner infringing on the first, second, third and fourth applicants’ rights to their personal liberty, as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004;
“A declaration that the Respondents are not debt collectors and are not empowered by the Act from which they derives their powers to enforce civil contracts or recover debts arising from private commercial transactions;
“An order of perpetual injunction restraining the respondent, either by himself, his officers, agents, privies, servants or howsoever called from threatening to arrest and detain or from arresting, detaining, harassing, molesting or in any manner infringing on the first, second, third and fourth applicants’ rights to their personal liberty, as enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 4, 5, 6 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, Laws of the Federation of Nigeria, 2004;
“The sum of N500, 000.00, each being damages against the respondents as compensation to the first, second, third and fourth applicants suffered as a result of the violation of their Constitutional Rights by the Respondents.
“Any further or other orders as the Court may deem fit to make in the circumstances.”
The applicants supported their motion with an Affidavit deposed to by the first applicant, Mrs.Odunola Adeshina, and a written address.
But the Inspector-General of Police (IGP) and other respondents, in urging the court to dismiss the applicants’ suit with substantial cost, equally filed a joint counter-affidavit deposed to by Mr. Kenneth Onwuelezi, an Assistant Superintendent of Police (ASP), which was argued by their lawyer, Barrister Morufu Animashaun, a Legal Officer, at Force CID, Ikoyi, Lagos.
Some of the aveerments of the respondents in their counter-affidavit stated as follows: “a petition dated 1st of March, 2022 was received by the Office of the Assistant Inspector General of Police, Nigeria Police Force, Force Criminal Investigation Department, (FCID) Annex, Alagbon Close, Ikoyi, Lagos, bordering on Conspiracy, Obtaining by False Pretence and Issuance of Dishonoured cheques against Ajibona Bamidele Adesina and Glorious Occasions and Rentals. By a letter dated 7 March, 2022 with Ref. No. CB:7000/X/ADM ANNEX/VOL.139/115, the 224 Respondent directed the 3rd Respondent to investigate the complaints.
“The third respondent instructed the deponent to investigate the criminal complaints. As the Investigating Police Officer, he invited the second and third applicants by sending a letter of invitation dated 7 of April, 2022 to respond to the criminal complaints contained in the petition against him (Exhibits C and D). Contrary to Applicants’ depositions, the first Applicant is the owner of Glorious Occasions Rentals. The first applicant’s husband is the owner of Ajibona Investment & Tourist International Limited. The first applicant’s husband is also the owner of Ajibona Investment & Tourist International Limited (Exhibit E).
“The first applicant’s husband approached one Mrs. Kadejo Funmi lyabo, the nominal Complainant to invest in his Bureau-De-Change business. Mrs. Kadejo Funmi lyabo, invested the sum of N18,800,000, into Ajibona Investment & Tourist International Limited on the 11th of November, 2020 with the guarantee of the sum of N22, 560, 000, as Capital and Interest (Exhibit F-F2). Mrs. Kadejo Funmi lyabo further invested the sum of N20, 800, 000.00, into Ajibona Investment & Tourist International Limited on the 11th of December, 2020. And that Mrs. Kadejo Funmi Iyabo also invested the sum of N200, 000, 000.00, into Ajibona Investment & Tourist International Limited on the 13th of January, 2021.
“The 1st Applicant’s husband agreed with Mrs Kadejo Funmi lyabo to forward the interest for every trade to her while he retains the Capital until the end of each month. Some of the Investment sum was paid into the first applicant’s company: Glorious Rentals Guaranty Trust Bank with Account No. 0032813132 Some of the Investment sum was and first applicant’s Zenith Bank Account No. 2001654594.
“After several request for refund of the investment sum by Mrs Kadejo Funmi lyabo, the first applicant’s husband gave her a letter of commitment to repay her the outstanding sum of N163, 200 million. Subsequent to the letter of commitment in the aforementioned paragraph, the first applicant’s husband issued several Keystone Bank cheques to Mrs. Kadejo Funmi Iyabo, but the cheques were dud cheques and not honoured by the bank due to insufficient fund.
“The first applicant’s husband failed to keep to the terms of the Agreement which made the nominal Complainant to request for the refund of her investment sum but the first applicant’s husband failed to oblige her. Mrs Kadejo Funmi Iyabo wrote a petition to the Commissioner of Police, Special Fraud Unit, Ikoyi, Lagos. The Petition dated 4th October, 2021. The Investigating Police Office, SP. Alhassan S. Kabir and team on receipt of the complaint wrote a letter of invitation dated 20th October, 2021 to the first applicant’s husband to respond to the Criminal Complaint against him. The IPO in his investigation wrote to the Chief Compliance Officer of the Guaranty Trust Bank and Zenith Bank to get the bank statement of the first applicant.
“The IPO also got two court orders and a remand order to detain the first applicant’s husband pending investigation. And that the first applicant’s husband volunteered statements dated 25 October, 2021, 27th October, 2021 and 22nd November, 2021 at the Special Fraud Unit. And that the first applicant’s husband issued several Stanbic IBTC bank dud cheques to Mrs Kadejo Funmi lyabo, but the cheques were dud cheques and were not honoured by the bank due to insufficient fund.
The IPO at the Special Fraud Unit granted the 1st Applicant’s husband administrative bail pending the conclusion of the investigation. The second applicant applied for bail and stood as surety for the first applicant’s husband on 22/11/2021. The third applicant also applied for bail and stood surety for the first applicant’s husband on the 22/11/2021.
Respondents did not breach the fundamental rights of the first applicant’s husband, or that of the applicants. And that the applicants instituted this suit to stall the investigation and trial of criminal complaints against them.”
Upon moving the counter-affidavit and the written address, the respondents lawyer, Morufu Animashaun, urged the court to dismiss the suit in the interest of justice and with heavy cost.
Delivering judgment in the suit, Justice Okeke, after perusing all the processes filed by the parties and legally considered the arguments canvassed by the counsel, determined all the issues raised in the suit in favour of the IGP and other respondents.
The judge subsequently dismissed the applicants’ suit for lacking in merit.
In dismissing the suit, Justice Okeke held that: “the position of the law is that when a crime is imputed as was done in this case, the Police reserve the right to invite the suspects for purposes of investigating the allegations.
“An invitation by the Police to a citizen with the aim of ascertaining the veracity or otherwise of allegations leveled against the said citizen, cannot constitute a breach or threat to the fundamental right of the citizen. See Kali & Anor v. Dawari & Ors (2018) LPELR-44628 (CA) I at 16-17, paragraphs. A-B and Fajemirokun v. Commercial Bank (Credit Lyonnais) Nig. Ltd. (2009) 5 NWLR Pt. 1135 Pg. 558, 600.
“It is the constitutional right of every Citizen to notify Law Enforcement agents of commission of crimes to enable the Law Enforcement Agents take steps in detection, investigation and apprehension of culprits and possible prosecution. The nominal Complainant in this case having lodged a complaint with the appropriate authority, exercised her constitutional rights.
“It is then incumbent on the Police to investigate the complaints and take appropriate actions. The Court will not shield the Applicants from investigation nor prevent law enforcement officials in the discharge of their statutory duties, moreso in this, where there is a charge pending before a court of competent jurisdiction.
“It is the law that an applicant alleging a breach of his right to dignity of his person must prove that he had been tortured, held in servitude or subjected to inhumane degrading treatment. It is then that the burden shifts on the Respondent to justify the infringements. See Olatunbosun Ishiaq v. Sergeant Ehitor & 2 Ors !2003) 10 NWLR (PT 828) 24.
“Indeed, there is no evidence establishing that the Applicants received threat of arrest, were harassed or intimidated by the first to third respondents. The applicants did not establish any evidence to indicate that the first to third respondents acted out of order in the discharge of their statutory duties.
“It is trite law that an applicant who allege breach of fundamental rights must place sufficient and credible evidence to prove the breach. See the case of Fajemirokun v. Commercial (Credit Lyonnais) Nig Ltd & Anor (2009) 5 NWLR (Pt 1135) 558 at 600-60. The applicants did not place credible evidence before this Court to invoke the protection of the Fundamental Rights Enforcement.
“The Applicants Fundamental Rights had not been breached and there is none to protect. Indeed, the Applicants should submit themselves to the Police for the law to take its course.
“The issues raised by the parties are determined against the Applicants, and in favour of the Respondents. Consequently, this application lacks merit and it is hereby dismissed.
“Cost of N100,000.00, is awarded against the Applicants in favour of the Respondents.
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