Court Restrains Police From Arresting Lagos Monarch Over Land Dispute

Justice Gafar Safari of a Lagos State High Court, sitting at Tafar Balewa Square (TBS), yesterday barred the Inspector General of Police from arresting Oba Shaheed Ademola Elegushi, and two others pending the hearing and determination of Fundamental Rights Enforcement Suit filed by the monarch.

The Oba and two other members of the Elegushi royal family of Lagos, Chief Abdulahi Elegushi and Prince Akeem Elegushi had filed the suit accusing the defendants of harassment, manhunt and attempt to arrest them over a civil land matter.

Joined alongside the IGP are Bela Vista Property and Development Company Limited; Deputy Commissioner of Police, Kolo Yusuf; DSP Ibrahim Agu; one Supol Udofia and the Lagos State Attorney General and Commissioner for Justice as the 1st, 3rd, 4th, 5th and 6th respondents respectively.

The royal family had dragged the respondents before the court over an alleged plan to take over a land belonging to the family at the Eti Osa Local Government Area of the state.

The applicants alleged that while the matter was still pending in court the defendants resulted to self-help by infringing on their fundamental rights.

At the resumed hearing of the matter yesterday, the monarch and his co-applicants, through their lawyer, Mrs Adepeju Omotayo informed the judge that the police had sent its men to Ikate seeking to arrest them in order to frustrate the case before the court.

Omotayo claimed that from their private investigation they were able to gather that a former Assistant Commissioner of Police, Baba Tijani after his promotion to head the operations department of the police force as a DIG, gave the order to arrest the applicants despite legal advice to the contrary.

The lawyer urged the court to stop the police from further harassment and intimidation of his clients.

But the first respondent’s counsel, Anthony Osara denied the allegations made by the applicants insisted that the police have not sent its men to arrest the applicants.

The counsel to the second to fifth respondents, Victor Okoye, also urged the court to discountenance the applicant’s, request for a restraining order.

He said that there was never a time the police was deployed to the house of the royal family to arrest anybody.

After listening to the lawyers, Justice Safari ordered all the parties to maintain the status quo and refrain from doing anything to frustrate the proceedings pending the hearing and determination of the suit.

He then adjourned the matter to August 17, for hearing.

In the suit, the applicants accused the police of brutality, unjust arrest and detention as well as wrongful prosecution of members of its family over the said plot of land.

The family noted that the police had no authority and power to be involved in land matters, especially one that has ongoing litigation at a court of competent jurisdiction.

According to the document sighted by Vanguard, in the case before the High Court of Lagos State, the Elegushi family is praying the court to grant an order enforcing their fundamental rights and declare that the constant brutalisation and arrest of the Elegushi family on the directive of the police IG for no just cause are illegal, unconstitutional and a breach of the fundamental right as guaranteed by the constitution of Nigeria.

They also prayed the court to declare that the “harassment, intimidation and attempt to coerce and blackmail the applicants to surrender their family property situated at Ebute Ikate Elegushi to the first respondent by the second respondent through the officers of the Nigeria Police Force is illegal, unconstitutional breach of their fundamental right”.

The applicants are seeking relief from the court, the Elegushi family prayed the court to grant a claim of N250million, as substantial and exemplary damages against the respondents led by the IG of police.

They also asked the court to make an order restraining the respondents jointly and severally, their servants, agents and privies from further acts of violation of their rights.

In an affidavit deposed to by one Chief Abdulahi Olusegun Elegushi, the family told the court that in 2017, about 20 thugs and three police officers from the Federal Criminal Investigation Department led by DSP Agu forcefully stormed the family land, and arrested two royal security guards on duty.

The family also alleged that the IG of police detailed mobile policemen from Mopol 46 to the land with instruction to arrest any member of the Elegushi royal family found anywhere on or near the land.

In the affidavit, the family also accused the police IG of forging a police report that was presented to the court ceding the ownership of their land to Bela Vista property.