A High Court of Lagos State, Ikeja division has dismissed a fundamental rights enforcement suit filed by a United States-based businessman, Rolland Oluwasegun Elusoji against the Commissioner of Police, Special Fraud Unit, Lagos, and other respondents.
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The presiding judge, Justice A G Balogun, while dismissing the suit held that it lacked merit as the court could not be used to protect the plaintiff from lawful criminal investigation by the police.
The Special Fraud Unit of the Nigeria Police had declared Elusoji wanted in connection with a petition brought before him over alleged fraud to the tune of N1.2 billion.
However, the applicant filed the suit, marked IDI/19531/MFHRI/2025 through an Originating Motion on May 20, 2025, claiming threats to his fundamental rights to personal liberty, dignity and freedom of movement as guaranteed under Sections 34, 35 and 41 of the 1999 Constitution (as amended).
Elusoji, through his counsel, Dr. Wahab Shittu, SAN, had sought several reliefs, including a declaration that the Nigeria Police Force is not a debt recovery agency, an order restraining the respondents from inviting or harassing him, a public apology, and damages of N200 million for alleged emotional distress, reputational damage and business losses.
Apart from the Nigeria police, which was represented by Achi-Caleb, Esq, the suit also has four other defendants that were represented by Yusuff Olatunji Ogunrinde, SAN.
Justice Balogun, in his ruling, held that the Nigeria Police Force has the backing of the 1999 constitution to investigate alleged crimes, including cases involving suspects who reside outside Nigeria, saying the courts should not interfere with lawful police investigations unless there is clear evidence of abuse of power or gross violation of rights.
The court further clarified that extradition proceedings can only be initiated after a valid criminal charge has been filed, describing any discussion of extradition at the stage of police invitation as premature.
Justice Balogun also noted that a criminal charge was already pending before the Federal High Court, Lagos, as shown in documents attached to the counter-affidavit of the 5th respondent.
While noting that the constitution presumed the plaintiff to be innocent until held otherwise, the court ruled that the application was bereft of any scintilla of meritâ and dismissed the suit in its entirety.
The Nigeria Police had declared Elusoji wanted for allegedly orchestrating a multi-billion-naira fraud involving luxury cars and real estate worth over N1.2 billion.
In a bulletin signed by the Commissioner of Police, Special Fraud Unit (SFU), Force CID Annex, Alagbon Close, Ikoyi, Lagos, and issued under the authority of the Inspector General of Police, the Force confirmed that a warrant of arrest had been issued against Roland by the Federal High Court, Lagos
Roland allegedly duped his victims into parting with huge sums of money under the guise of high-profile investments. He reportedly received N232 million for the purchase of a 2024 Mercedes Benz GLE 63S (black colour, VIN: 4JGFDBKB2RB134498).
Beyond the luxury vehicle, he was also said to have fraudulently obtained N525 million to acquire a first mansion and an additional N450 million for a second property. The combined fraud, according to the police, amounts to N1.2 billion.
The offences were said to have been committed in the United States of America in November 2023.
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