Court Restrains Nigeria Police Force, Lagos Command from Interfering in Rights Enforcement Suit

Justice Akintayo Aluko of the Federal High Court, Lagos, has ordered the Nigeria Police Force, Lagos State Command, not to do anything that could destroy the Res (subject matter) in a Human Right Enforcement suit filed by one Peter Ogochukwu Adaba pending the hearing and determination of a substantive application pending before the court.

Justice Aluko granted the order while ruling on an ex-parte motion filed and argued by Mr. James Babatunde Alara, counsel to Adaba.

According to the ex-parte motion dated August 9, 2023, with suit number FHC/L/CS/1201/23, the petitioner sought for an order of the court, restraining the Commissioner of Police, Lagos State Command or it agents from harassing, arresting, detaining or in any way infringing on his fundamental rights pending the hearing and determination of his originating summons dated June 23, 2023.

In the alternative, the petitioner said the court should grant an order maintaining status quo as at 9th of August, 2023 which is that the applicant is not yet in the custody of the police.

In the affidavit filed in support of the ex-parte application, the petitioner averred that due to the persistent and continuous violation of his fundamental rights by way of malicious arrest, detention and willful harassment, he instituted a suit against the Commissioner of Police Lagos State and its agents for the breach of his right before the Federal High Court, Lagos in the matter between Peter Ogochukwu Adaba and another versus the IGP in suit number FHC/L/C’s/1201/23.

The petitioner said he took steps to serve the Police with all the court processes, but that despite the service of court processes on the police, agents of the respondent particularly the CP Special Squad, led by CSP. Gbenga Oni, and his lieutenants ASP. Cosmas Roberts and the Investigating Police Officer, Inspector Destiny Nwafor, have continued to harass and intimidate the petitioner through calls, threats and insistence on arresting the applicant.

In particular, the applicant averred that on August 9, 2023 officers of the Special Squad from the Lagos State Command led by CSP. Gbenga Oni stormed his residence insisting on gaining unlawful entry into the premises while searching menacingly for him.

He added that the respondent later laid siege on his residence for hours making it impossible for him to enter or exit the premises as a result of which his aged mother and sister who came to visit him from the United States were traumatised.

Adaba accused the police of acting the script of his estranged wife who is using men of the Police Special Squad and the IPO to exert pressure on him so that he can be forced to give up possession and ownership of thier joint properties.

He added that the issue of ownership of the joint properties is already subject of litigation in suit number ID/11760WD/2022 between Abimbola Adenike Adaba versus Peter Ogochukwu Adaba, saying the police want to criminalise what is purely a matrimonial dispute.

Citing instances of infringement on his rights, the petitioner said that he was arrested on the of 16th January, 2022, and detained, arrested again on 16th February, 2023 and detained and would have been kept for a long period, but for the timely intervention of a senior police officer.

Adaba added that the plan of the agents of the respondent is to arrest him and obtain a detention order from a magistrate court for a period of 30 days within which period they will subject him to mental and physical torture and exertions as much pressure on him in a bid to do the bidding of his estranged wife.

The applicant averred that CSP. Gbenga Oni of the Special Squad Unit of the Lagos State Police Command did not respect the authority of the court.

Following the submission of Mr. Babatunde Alara, the presiding judge, Justice Akintayo Aluko, while delivering ruling, said that he could not close his eyes particularly when it is obvious based on the evidence before the court that the right of the petitioner is about to be violated.

He therefore, ordered the Commissioner of Police, Lagos State Command and its agents to desist from doing anything that could destroy the Res of the matter pending before the court.

Consequently, Justice Aluko adjourned hearing of the substantive motion till September 26, 2023.