Court Orders IGP, Others To Suspend Actions Against Property Developer

Justice Abimbola Awogboro of the Federal High Court, Lagos, has ordered the Inspection-General of Police (IGP) and seven others to maintain status quo, suspend and hold all actions, complaints in abeyance, pending the hearing and determination of the suits filed against them by a property developer, Gbadebo Aina Odunusi.

Justice Awogboro also ordered that all the processes in the suit, including originating motion on notice dated February 22, 2024, particularly motion on notice for interlocutory injunction dated March 18, 2024 and all subsequent processes, meant for second to fifth respondents, (that is, Commissioner Of Police, State Criminal Investigation, Lagos State Police Command; Deputy Commissioner Of Police State Criminal Investigation Department; ACP Kassim Saheed; Supol Omololu Oni (O/C D18 Section) State Criminal Investigation, Lagos State be served on the Head of the Legal Department, Officer, Yetunde Cardoso, or any other officer in charge of Head of Legal Department of the Nigeria Police Force, State CID, Musiliu Smith Street, Panti-Yaba, Lagos State.

The judge made the orders while ruling on exparte motion filed and moved by King Ola Wilson, counsel to the property developer, in a suit numbered FHC/L/CS/310/2024.

Others listed as respondents in the suit are; Dr. Kenneth Oni-Eseleh and Prof. Afesimi Dominic Badaiki (SAN).

Justice Awogboro further ordered the applicant to serve the motion on notice together with a copy of the court order on the second to seventh respondents.

The court also ordered the applicant to give an undertaking within seven days to pay damages in respect of any injury arising from the grant of the application in the event that the order sought ought not to have been granted.

The judge has adjourned the hearing of the substantive suit till April 23, 2024.

In the substantive suit brought before the court pursuant to Order II of Fundamental Human Rights Enforcement Procedure Rules 2009 and Sections 34(1), 35(1), 36(D) & 2 and 46 (1)(2) oF Constitution of the Federal Republic of Nigeria 1999 and the court’s inherent jurisdiction.

The applicant is asking for the court for the following reliefs: “A declaration that the complaint(s) of both sixth and seventh respondents or either of them against the applicant in respect of No 3, Elero Street, Araromi Street, Akesan, Igando, Lagos State to the first respondent and all his agents, including second respondent and all his agents including second respondent to the third respondent, is purely civil and not criminal whatsoever to warrant the jurisdiction of the Respondent a forti rior any of his agent or any officer acting on his behalf.

“That the first respondent, his officers or anyone acting on his behalf are barred from any purported investigation bothering on the complaint of the sixth and seventh respondents or either of them to the first respondent or any of his officer in any part of Nigeria or anyone acting on his behalf in respect of No 3, Elero Street, Araromi Bus-stop, Akesan, Igando, Lagos State in view of His Honour Adebukola A. K. Dosunmu- Othman of the Chief Magistrate Court sitting at Court 2. Ejigbo, Lagos State. The court decision is annexed hereto as exhibit and same was delivered on 31st January, 2024.

“That parties to a dispute, whether civil or criminal are bound by the decision of a court of competent jurisdiction, which both disputing parties voluntary submitted to for adjudication on this dispute except either of them wish to appeal the decision.

“That all harassments, intimidation, arrest, detention and compulsion of the applicant to incriminate himself by the second to seventh respondents, jointly and for severally are unconstitutional, illegal, unlawful and against their statutory duties as police officer(s).

“That the applicant upon realising that his fundamental rights were likely to be further breached is entitled to be apprehensive and in order to seek protective steps pursuant to Section 46(1) of CFRN.

“That the joint and/or conducts of second to seventh respondents are contrary to the principles 1, 2, 3, 4, 5, 6 and 7 of code of conducts for police officer and also in violation of Regulation 353 of Nigeria Police Regulation.

“An order of the court for a perpetual injunction restraining the first respondent, all his officers (including the second to fifth respondents herein), agents or anyone acting on his behalf based on the purported complaint(s) of both the sixth and seventh respondents in respect of 3, Elero, Street, Araromi Bus-Stop, Akesan, lgando, Lagos State involving the applicant under guise of criminal investigation.

“An order of the court for the sum of N10 million, as damages jointly and or severally against the respondents.”