Court Slams N2m Fine On Businesswoman Over Frivolous Suit Against Police
Justice Wasiu Animahu of the Lagos State High Court, Epe, has awarded a cost of N2 million against a businesswoman, Mrs, Olaide Iyaanuoluwa Badmus, who filed a suit against the police.
Badmus dragged the Commissioner of Police; Special Fraud Unit, Ikoyi, Mr. Audu Lawal (Team Manager, Diplomatic, Special Fraud Unit); Inspector Sule, and a foreign company, Comet Ghana Limited, as first to fourth respondents, before the court over an alleged violation of her right.
The businesswoman, in an originating motion on notice, dated March 10, 2023, and filed before the court, seeking an injunction to restrain the first, second, and third respondents, whether acting alone or in concert with other law enforcement agencies, and whether acting directly or through their officers, servants, agents privies or howsoever called, from arresting, detaining, summoning, and/or harassing her by whatever means whether based on the petition written by the fourth respondent, or upon any other petition arising from or connected to the applicant’s contractual commercial relationship and/or the applicants’ indebtedness to the fourth respondent.
In the counter-affidavit filed by Deborah Emawodia, an external prosecutor for the police Special Fraud Unit, on behalf of all the respondents, Mrs. Badmus had, in the year 2017, taken winery goods worth $81,000 from a company in Ghana, and after sales of the goods, she refused to pay the company back, which made the foreign company to petition the police over the fraudulent act by the applicant.
Delivering judgment in the suit, the trial judge, Justice Animahu, dismissed the suit of the applicant and also awarded cost against her.
The court held that there was a need to investigate why and how the transaction between the applicant and the company failed.
The court thrashed the applicant’s counsel’s argument that police cannot meddle in civil matters as the transaction between parties was civil in nature.
The judge affirmed the argument of the respondents’ counsel, Emawodia, that a crime could be committed in the course of a civil transaction.
The court also affirmed the argument of the respondents that the applicant did not demonstrate how her rights were infringed or likely to be infringed by the police. The court, therefore, awarded a cost of N500,000 for each of the respondents against the applicant.
