Justice Hakeem Oshodi of the Lagos high court, Ikeja has dismissed the fundamental human rights application filed by Haven Global Resources Ltd and two of its directors against the police, others for lack of merit.
The two directors are Ufuoma Ukueku and Mr. Tayo Sonuga while the respondents, among others were the Commissioner of Police, Special Fraud Unit (SFU), Lagos and one Rita Umoren.
In dismissing both the case and exemplary damages of N50million sought against the respondents, Justice Oshodi noted that the 1st applicant’s (Ufuoma Ukueku) rights as guaranteed under section 35 (5) of the Nigerian constitution was not violated by the respondents.
Furthermore, she held that there is no constitutional breach when a party makes a report to the Police alleging that a crime has been committed
In their originating motion, Haven Global Resources Ltd and its directors had sought an order of perpetual injunction, restraining the respondents, their agents and whosoever from further acts that will constitute intimidation, harassment, threat of arrest, arrest and or detention in respect of steps to enforce the performance of obligation in the building, development and sales agreement between Haven Global Resources Ltd and Umoren.
Following disagreement between Haven Global Resources Ltd and Umoren, she filed suit no LD/29112MFR/2016, alleging that she had a near-fatal accident two months after he paid and moved into a 5-bedroom terrace house located at Unit 11, Richmond Gate Estate, Alma Beach Road, developed by Haven Global Resources Ltd (owners of Haven Homes).
The complainant said rather than complete the house repairs within the stipulated timelines, Sonuga and Haven Global Resources allegedly sold the same house to one Mr. Salami and refused to refund the agreed amount, covering the sales costs, special and general damages, as well as accrued interest to Umoren.
As a result, Umoren wrote to the Special Fraud Unit (SFU) to investigate the alleged crime of conversion, upon which Ukueku was subsequently arrested, granted bail and released. But they filed the action to enforce their rights.