An Ikeja High Court in Lagos State has dismissed a fundamental rights enforcement suit filed by two traders and union leaders at Alaba International Market, ruling that the Nigeria Police Force acted within its lawful powers in inviting them for questioning.
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Delivering judgment, Justice Ismail Ijelu, who presided over the court, held that the applicants, Mr Uchechukwu Chukwuma, popularly known as “Mayor,” and Mr Alexander Jonah, failed to prove that their fundamental rights were violated or threatened by the police.
The suit was instituted against the Nigeria Police Force, the Inspector-General of Police, the Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department (FCID), Alagbon, and other police officers.
The applicants, who serve as Chairman and Head of Task Force, respectively, in the Fancy and Furniture Section of Alaba International Market, Ojo, accused the police of harassment, intimidation, repeated invitations, and threats of arrest linked to their leadership roles within the market.
Earlier, counsel for the applicants, Dr Yemi Omodele, argued that his clients were subjected to undue pressure through persistent invitations and phone calls, which allegedly disrupted their business activities.
The traders asked the court to declare that the repeated police invitations and alleged threats infringed on their constitutional rights to personal liberty, freedom of movement, and freedom of association as guaranteed under the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
They also sought an order restraining the police from further inviting, arresting, or detaining them in relation to their market responsibilities.
However, counsel to the respondents, Mr Morufu Ajani Animashaun, a legal officer at the ForceCID Annex, Alagbon-Ikoyi, opposed the suit, insisting that the police acted based on a petition alleging conspiracy, fraudulent conversion, stealing, and threat to life arising from an internal market dispute.
Animashaun denied allegations of harassment and intimidation, maintaining that the police engagement with the applicants was limited to lawful invitations conducted in a civil manner.
In his judgment, Justice Ijelu identified the key issue as whether the applicants had established any actual or imminent breach of their rights, ruling that they failed to do so.
The judge held that while fundamental rights are guaranteed under the Constitution, such rights are not absolute and may be lawfully restricted in the course of criminal investigations.
Justice Ijelu noted that the applicants were invited by the police as material witnesses because of their leadership positions in the market where the alleged incidents occurred.
“The facts disclose nothing beyond lawful investigative engagement carried out pursuant to the statutory powers of the Police,” the judge held.
He further stated that there was no evidence of arrest, detention, coercion, or abuse of power by the police, adding that the applicants’ claims were based mainly on apprehension rather than verifiable evidence.
“The court will not act on conjecture or speculative assertions. Police invitations for questioning do not, without more, amount to a breach of fundamental rights,” Justice Ijelu said.
The court also held that the police cannot be restrained from carrying out their statutory duties based on mere allegations.
Consequently, the court dismissed the suit for lacking merit.
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