Justice Othman Musa of the High Court of Justice of the Federal Capital Territory has granted an ex parte order over a property located in Lekki Peninsula Scheme, Lagos.
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The court granted the order in a case for the enforcement of fundamental rights, Suit No. FCT/HC/CV/4636/2025, between Mr. Henry Ugonna Orabuchi and the Nigeria Police Force and five others.
In his application, the applicant, Mr. Orabuchi, claimed that the respondents had gravely infringed his fundamental rights guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
Mr. Orabuchi stated that he purchased 3,000 square meters of reclaimed land at the back of the property described as Plot No. A, Block 12, Lekki Peninsula Scheme, Lagos State, from Mr. Emecheta Elvis Eze (the 5th respondent), who is the beneficial owner of the property.
According to court documents, at the time of the transaction in January 2023, the land had not yet been reclaimed. The contract stipulated that the 3,000-square-meter portion would be transferred to Mr. Orabuchi after reclamation.
After reclaiming the land, the 5th respondent applied for recertification and processing of a Certificate of Occupancy to secure the title for the entire reclaimed land, measuring about 10,000 square meters, from which 3,000 square meters would be apportioned to the applicant.
While the title was being processed, the applicant alleged that the 5th respondent refused to fulfill his part of the agreement by denying him access to the property and reported the matter to the Nigeria Police in Lagos. Subsequently, the applicant took possession of the entire property, including the main property and the reclaimed land.
Following the applicant’s action, the 5th respondent’s lawyer, Prof. Mike Ozekhome, SAN, filed a petition against the applicant with the Nigeria Police Force, alleging criminal trespass, damage to property, and threat to life. Based on this, the Nigeria Police, on 11th November 2025, issued a letter of invitation to Mr. Orabuchi at his residence at No. 6 Morgan Estate, Phase 2, Lagos.
The letter, titled “Letter of Invitation RE: Case of Criminal Trespass, Breach of Trust, Malicious Damage and Conduct Likely to Cause Breach of Peace,” directed the applicant to report to the Force Headquarters, Louis Edet House, Abuja, on Thursday, 20th November 2025, at 10:00 a.m., to shed light on allegations made by the 5th respondent. Without honoring the police invitation, Mr. Orabuchi filed fundamental rights enforcement proceedings before the FCT High Court, challenging the powers of the Nigeria Police to summon him in their investigation of the allegations.
The applicant argued that the police invitation was based on malicious allegations “crafted solely to intimidate and harass him and to compel him into relinquishing his lawful proprietary and contractual rights over the property.” He accused the Nigeria Police of acting maliciously and in bad faith, using the coercive powers of the state to advance the private interest of the 5th respondent in a purely private transaction.
Following the ex parte application filed by the applicant’s lawyer, Chikaosolu Ojukwu, SAN, Justice Othman Musa granted the ex parte order over the property in Lekki.
The court order stated: “An interim injunction is hereby made restraining the 1st to 4th respondents, either by themselves or through any of the 1st respondent’s commands, formations, units, agents, operatives, or officers under its command, control, or direction, from inviting, arresting, detaining, harassing, intimidating, or in any way dealing adversely with the applicant in connection with the subject matter of this suit, pending the hearing and determination of the substantive suit.”
The order further directed: “The 2nd respondent, through the Assistant Inspector General of Police, Zone 2, Lagos State, and the 6th respondent, are hereby ordered to seal and secure the entire property known and described as Plot No. A, Block 12, Lekki Peninsula Scheme, Lagos State, including the reclaimed land measuring 3,000 square meters at the back of the property, forthwith, and to immediately halt all works, activities, actions, or steps on the property, ensuring that no person, authority, or entity gains access or entry, pending the hearing and determination of the substantive suit.”
Additionally, the court ordered: “The 6th respondent is directed to place a caveat on the entire property described as Plot No. A, Block 12, Lekki Peninsula Scheme, including the 3,000-square-meter reclaimed land, forthwith, pending the hearing and final determination of the substantive suit.”
It is important to note that the ex parte orders were granted by the FCT High Court in a case concerning the enforcement of the applicant’s fundamental rights over land located in Lekki, Lagos State, which is outside the court’s usual jurisdiction. The court also joined the Federal Ministry of Housing and Urban Development as the 7th respondent and adjourned the case to 16th December 2025 for hearing.
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