A Federal High Court sitting in Ikoyi, Lagos, has awarded ₦10 million in damages against the Nigeria Police Force and businessman Kazeem Gbadamosi Eletu over the infringement of the fundamental rights of Prince Toluwaleke Megba arising from a land dispute previously determined by the Lagos State High Court.
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Justice Ibrahim Ahmad Kala delivered the judgment in Suit No. FHC/L/CS/1306/2024, holding that the repeated police invitations, threats of arrest and detention, as well as the alleged invasion of Megba’s residence, were unjustified in the circumstances of the case.
The court awarded ₦5 million against the police respondents and an additional ₦5 million against Eletu, bringing the total damages awarded in favour of Megba to ₦10 million.
Justice Kala also restrained the Inspector-General of Police, the Assistant Inspector-General of Police, Zone 2 Command, Lagos, Assistant Superintendent of Police Adewunmi Oderinwale and Eletu from further inviting, threatening, harassing, intimidating, arresting or detaining Megba over allegations of fraud and forgery connected with the disputed land.
The court held that the respondents’ conduct infringed Megba’s rights to dignity of the human person and personal liberty guaranteed under Sections 34(1) and 35(1) of the 1999 Constitution, as amended.
The fundamental-rights action arose from a long-running land dispute in which Megba had earlier secured judgment in his favour before the Lagos State High Court.
In the earlier case, Suit No. LD/2533/2010, Justice Obadina had, on March 9, 2017, affirmed Megba as the lawful owner of the disputed parcel of land.
Despite the subsisting judgment, Megba alleged that the police, acting on a petition submitted by Eletu, continued to invite and threaten him over allegations of fraud and forgery relating to the same property.
His counsel, D.C. Kemdirim, argued that the police intervention effectively subjected his client to repeated harassment over a title dispute that had already been resolved by a court of competent jurisdiction.
Kemdirim told the Federal High Court that armed police officers went to Megba’s residence on May 7, 2024, in an attempt to arrest him with handcuffs despite allegedly having no warrant of arrest.
Megba consequently approached the Federal High Court seeking declarations that the respondents’ actions were unlawful and violated his constitutionally guaranteed rights.
He also sought an order of perpetual injunction restraining the respondents from further interference, a public apology to be published in two national newspapers and substantial damages.
The applicant asked the court to award ₦1 billion against the police respondents and ₦500 million against Eletu.
The police respondents, represented by Sternly Mba, denied acting unlawfully.
They argued that their actions were undertaken in the course of investigating allegations of fraud and forgery and maintained that the Police Act 2020 empowers the police to investigate complaints alleging criminal conduct.
Eletu, through his counsel, A.A. Kilani, similarly denied wrongdoing.
His counsel argued that Eletu merely exercised his civic right to report suspected criminal conduct to the police and maintained that the deed of assignment relied upon by Megba contained alleged irregularities which justified investigation.
In determining the case, Justice Kala considered whether the respondents’ actions went beyond legitimate criminal investigation and crossed into unconstitutional interference with Megba’s liberty and dignity, particularly in light of the previous judgment on ownership of the disputed property.
The judge held that the cumulative conduct of the respondents amounted to an unjustified interference with Megba’s fundamental rights.
“The cumulative substance of my findings is that the collective actions of the respondents, jointly and severally, have indeed likely breached the fundamental rights of the applicant without any legal justification,” Justice Kala held.
The court further held that the repeated invitations, alleged harassment, threats of arrest and detention, including the May 7, 2024 incident at Megba’s residence, arose from allegations connected with the ownership of land that had already been determined in Suit No. LD/2533/2010.
Justice Kala consequently declared the actions unlawful and restrained the respondents from continuing to use the allegations as a basis for further invitations, intimidation, arrest or detention of the applicant.
The court, however, declined Megba’s request for the full ₦1.5 billion in damages.
Justice Kala held that the evidence did not establish the degree of reprehensible or grave misconduct necessary to justify an award of exemplary damages.
“Upon a calm review of all the facts and circumstances, I cannot see any reprehensible or harsh or such grave misconduct.
“I hold, therefore, that the applicant has not made out any case for the award of exemplary damages,” the judge held.
The court instead awarded ₦5 million against the Nigeria Police Force and another ₦5 million against Eletu.
“Accordingly, I award the sum of ₦5 million against the Nigeria Police Force and an additional sum of ₦5 million against the 4th respondent, all in favour of the applicant,” Justice Kala ruled.
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