Court dismisses rights abuse suits against Nigerian Police
A Federal High Court, Lagos, has dismissed a fundamental rights enforcement suit filed by one Chief Abiodun Orebajo and two businessmen against the Inspector-General of Police (IGP), for been incompetent and frivolous.
In the same vain, an Igbosere High Court of Lagos, has also dismissed another fundamental rights enforcement suit filed by another businessman, Innocent Osuji, against a business colleague, Inspector-General of Police (IGP) and four others for lacking in merit.
Both the Federal High Court and Lagos High Court, awarded cost of N50,000 against all the applicant in favour of all respondents each.
In the suit marked FHC/L/CS/1558/18, Chief Abiodun Orebajo alongside Fatai Irorun and Ojo Suara, filed by their lawyer, Dayo Abudu, had dragged Mr. Oladunjoye Dawodu Olowosago, Inspector-General of Police (IGP), Force headquarters, Annex, Alagbon, Ikoyi, Lagos and Adeniyi Fatai of General Investigation of ForceCIID, Alagbon, Lagos.
Chief Orebajo had urged the court to make an order restraining Olowosago and others from inviting, arresting, detaining harassing, molesting or do anything that will infringing their fundamental rights.
The applicants had also asked the court to declare that their arrest by the men of Force CID, at the instance of Olowosago, is a gross violation of their fundamental rights to personal liberty as guaranteed under section 34 and 35 of the Constitution of Nigeria, 1999, and Article 4, 5, 6 and 12 of the African Charter on human rights (ratification and enforcement) Act Cap. 10, laws of the federation of Nigeria, 1990.
Orebajo and others had also asked the court to award the sum of N10 million as compensation in their favour.
However, the IGP and Adeyemi Fatai who were represented by Barrister Morufu Animashaun, a Legal Officer, of Force CID, Annex Alagbon, had urged the court to dismiss the applicants’ suit for incompetence.
Animashaun also asked the court to dismiss the suit for the lack of diligent prosecution. Adding that the applicants only filed the suit to stop the police from investigation them on the petition written by Olowosago against.
He told the court that since the suit was filed on September 24, 2019, the applicants did not appear before the court neither were they represented. He therefore urged the court to dismiss the suit with a cost of N1 million.
Delivering ruling in the suit, Justice Nicolas Oweibo held: “upon this suit dated 21 day of September, 2019, coming up before this honourable court for hearing this 4th day of November 2019, and parties not in court and not represented.
“After hearing from M. A. Animashaun, for the 2nd and 3rd respondents, who informed the court that it appears the applicants have abandoned the case. He applied for the matter to be stuck out and for cost of N1 million.
“It is hereby ordered as follows, that suit no.FHC/L/CS/1558/2018, herein is hereby struck out from the court’s cause list.
“That the sum of N50,000 is hereby awarded against the applicants in favour of 2nd and 3rd respondents”.
Also, in a suit marked LD/5816MRHR/2017, instituted by Innocent Osuji against Emeka Obi, Attorney-Genera of the Federation (AGF) IGP, DIG, Force CID, Alagbon, Lagos and one DSP Agu, Justice K. O. Alogba, equally dismissed the suit for want of diligent prosecution on the part of the applicant.
Justice Alogba also ordered the applicant, Innocent Osuji, to pay the sum of N50, 000, each to the IGP, DIG, ForceCID, Annex, Alagbon, Lagos and DSP Agu.