The fundamental rights enforcement suit filed by two traders at the popular International Trade Fair, Lagos, against the Nigeria’s Inspector-General of Police (IGP) Mr. Kayode Egbetokun, has been struck out by a Lagos Federal High Court.

Justice Deinde Dipeolu, who presided over the court, struck out the suit, following an oral application made by counsel to the traders, after being served with the IGP Egbetokun’s counter-affidavit, written address and convincing exhibits, by Barrister Morufu Animashaun of the Legal department of the Force Criminal Investigation Department ForceCID (Annex) Alagbon-Ikoyi, Lagos.

Justice Dipeolu, after striking out the suit, also awarded the cost of N100, 000. 00, against the two traders in favour of IGP Egbetokun and one other respondent.

The two traders, Chief Ngozi Emechebe and Mr Juventus Uche Okpala-Okaka alongside the Incorporation Trustees of Auto Spare Parts & Machinery Dealers
Association (ASPMDA), had sued IGP Egbetokun; Mr A. A. Elleman (Commander, Inspector-General of Police Monitoring Unit) and the Lagos State Attorney-General and Commissioner for Justice who were listed as first to third respondents in a suit marked FHC/L/CS/115/2024.

The traders’ lawyer, Barrister U. P. Asuquo, had informed the court that the suit was pursuant to Sections 34 (1), 35 (1) 37, 40, 43, and 46 (1)(2) & (3) of the Constitution of the Federal Republic Of Nigeria 1999 (as amended), Order 2 Rules 1 of the Fundamental Rights Enforcement Procedure Rules 2009; Articles 5, 6 and 7 of the African Charter On Human And People’s Rights and under the court’s inherent jurisdiction.

The applicants had asked for the following reliefs: “a declaration that the invitation, arrest and subsequent detention of the 2nd and 3rd applicants within the offices of the 1s and 2nd Respondents between the hours of 10a.m to 6p.m on Friday 19th of January, 2023, in so far as it relates to, connected with in any manner howsoever the unlawful invasion of the administrative office of the 1st Applicant by the officers of the 1st and 2nd respondents which invasion was carried out on the 12 of January, 2024 without any lawful justification in any manner whatsoever is unlawful, unconstitutional and a clear violation of the applicants’ rights as guaranteed under Sections 34, 35, 36 and 40 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“A declaration that the 1st and 2nd Respondents lack the power in the absence of any Court Order to invade, intrude, seal off and or take over in any manner howsoever, the administrative office of the applicants located at Olusegun Obasanjo Hall 2, ASPMDA Plaza within International Trade Fair Complex, Badagry Expressway, Lagos with a view to preventing the 2nd and 3rd applicants, being the current duly elected President and General Secretary of the 1st applicant’s association, as well as other duly elected officers of the 1st applicant and any other authorized members of the 1st applicants from accessing their aforesaid administrative offices without any lawful justification in any manner whatsoever is unlawful, unconstitutional and a clear violation of the applicants’ rights as guaranteed under Sections 34, 35, 36 and 40 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“A declaration that the invasion, intrusion and or deployment of armed police officers to the administrative offices of the applicants located at Olusegun Obasanjo Hall 2, ASPMDA Plaza within International Trade Fair Complex, Badagry Expressway, Lagos by the 1st and 2nd respondents on the 12th of January 2024, in the absence of any court orders or incident likely to lead to a breach of peace for the purpose of sealing of the offices is without any legal justification, unlawful, unconstitutional and a clear violation of the applicants’ right to freedom of association, right to own property and right to dignity of human person as guaranteed under Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“A declaration that the invasion, intrusion and or deployment of armed police officers to the administrative office of the Applicants located at Olusegun Obasanjo Hall 2, ASPMDA Plaza within International Trade Fair Complex, Badagry Expressway, Lagos by the 1st and 2nd respondents on the 12th of January 2024 for the purpose of sealing off the offices in the absence of any Court Orders or incident likely to lead to a breach of peace is without any legal justification, and clearly ultra vires of the powers of the 1st respondent as donated by the Nigeria Police Act.

“A declaration that the continued invasion, intrusion and or sustenance of invasion/intrusion and or interference and continued interference in any manner howsoever whether connected with or in relation to deployment of armed police officers to the administrative offices of the 1st applicant for the purpose of sealing off and or intrusion into the affairs of the 1st applicant by the 1st and 2nd respondents despite the clear and unequivocal content of the 3rd respondent’s letter of 18th January 2024 addressed to the 1st respondent is unwarranted, illegal, unconstitutional and a clear violation of the applicants’ right to freedom of association, right to own property and right to dignity of human person as guaranteed under Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“A declaration that the invasion, intrusion, sealing off and deployment of armed police officers to the administrative offices of the applicants located at Olusegun Obasanjo Hall 2, ASPMDA Plaza within International Trade Fair Complex, Badagry Expressway, Lagos by the 1st and 2nd respondents and or their officers, subordinates, Privies, Agent(s) or anyone acting through them or on their instructions in any manner howsoever with the objective of preventing the 2nd and 3rd applicants as well as other duly elected executive officers of the 1st applicant from accessing their offices without any lawful justification is unlawful, unconstitutional and a clear violation of the applicants’ rights to own property and freedom of Association as guaranteed under Sections 35 and 40 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

“An order directing the immediate withdrawal of the armed police officers deployed to the administrative offices of the Applicants located at Olusegun Obasanjo Hall 2, ASPMDA Plaza within International Trade Fair Complex, Badagry Expressway, Lagos by the 1st and 2nd respondents and or their officers, subordinates, Privies, Agent(s) or anyone howsoever connected and or acting through them or on their instructions in any manner howsoever.

“An order restraining the 1st and 2nd respondents, their officers, agents, privies, associates in any manner howsoever from interfering and or further interfering in the domestic affairs of the 1st applicant’s association in any manner howsoever save as may be permitted by the Constitution of the Federal Republic of Nigeria 1999 (As Amended),

“General Damages in the sum of N50, 000, 000, only against 1st and 2nd respondents.”

But IGP Egbetokun and Commander A. A. Elleman, in response to the applicants’ suit, filed a 10 paragraphs affidavit deposed to by SP Chinedum Onwuka, a written address and several exhibits.

The respondents’ counter-affidavit and written address were moved and argued by their lawyer, Barrister Morufu Animashaun, who asked the court to dismiss the applicants’ suit with a gigantic cost of N100 million, for being frivolous and lacking in merit.

Parts of the first and second respondents’ deponent’s aveerments in the affidavit reads: “That I am a serving Police Officer attached to and being Officer in charge of the Inspector General of Police Monitoring Unit, Force Headquarters, Abuja and the Investigating Police Officer, who investigated criminal complaints of Unlawful Invasion, Stealing, Threatening Violence and Contempt of Court reported vide a petition to the Office of the 1st Respondent by the Applicants against One Anthony Ohagwu and 14 Others.

“That while the criminal complaints in the petition were being investigated, another counter petition was received by the 1st respondent from one Chuks Nnalugba and Associates on behalf of Chief James Umeji against One Chief Sunny Igbanuzue and others. And that invitation letters were subsequently sent to respective petitioners/respondents and counter petitioners/respondents to state their respective sides to the petition and counter petition.

“hat the investigation reveal that the 2nd and 3rd applicants were never validly elected as President and General Secretary respectively, of the 1st applicant and that the emergence of the 2nd and 3rd applicants were seriously disputed by counter petitioner notably Chief James Umeji and others leading to series of litigations in challenge to the emergence of the 2nd and 3rd applicants as President and General Secretary, respectively, of the 1st applicant.

“That the only elections conducted was in 2021 which led to the emergence of one Mr Onyeka as the General Secretary of the 1st applicant and not the 3rd applicant and as such the 1st & 2nd respondents put the 3rd applicant to the strictest proof of such depositions.

“Investigation further reveal that by the Constitution of the 1st applicant, the 1st applicant requires approval of the General Assembly and consent of the 9 (nine) Board of Trustees before any suit can be instituted by the association. And that investigation also revealed that there was never any resolution nor approval by the General Assembly of the 1st applicant neither was there any consent of the nine (9) members of the board of trustees approving the institution of this present suit by the applicants.

That contrary to the deposition in paragraphs 5, 7, 12, 13 and 14 of the affidavit in support of the Applicants’ Originating Motion on Notice, investigation reveal as follows: (a) That facts of the case revolve around election occupation of offices of an association incorporated under Part C of the Companies and Allied Matters Act and do not fall within matters of Fundamental Rights under Chapter IV of the Constitution and as such the 1st & 2nd respondents shall by way of Notice of Preliminary Objection contest the Jurisdiction of the Honourable Court to hear the suit as it is presently constituted.

That even the orchestrated election of the 2nd applicant as President of 1st applicant was vehemently rejected by other members of the association and the principal officers and the validity of his election is a subject matter of legal contest in Suit No FHC/L/CS/566/2021 There was never a time the 2nd Respondent was involved in deployment of armed police men to the administrative office of the 1st applicant and did not involve in any unlawful operation of invasion, intrusion nor blockade of the office complex of the 1st applicant on 12” day of January, 2024 nor any date whatsoever.

“That investigation reveal that the 2nd and 3rd applicants bent on fomenting chaos in ASPAMDA purportedly ganged up and forcefully removed duly elected President of the 1st applicant in person of Mr James Umeji from office and caused break down of law and order in the market resulting in acts of vandalism, looting and destruction of properties in the market.

“That in the course of mayhem unleashed in ASPAMDA Market by the 2nd and 3rd applicants and their armed cohorts, the Executive Governor of Lagos State, His Excellency Babajide SanwoOlu physically came to the market to assess the security situation and subsequently by Executive Order dated 18th October, 2021 appointed one Anthony Ughagwu to take over the administration of the 1st applicant.

“Investigation also revealed that by an earlier Order dated 20 July, 2020, the Executive Governor of Lagos State had appointed one Chief Sunday Igbanuzue with mandate to conduct election on or before 7th November,2021. This Mandate given to Chief Sunday Igbanuzue was never revoked when Anthony Ughagwu was appointed as Chairman and Mr Dozie Ezeugo as Secretary, respectively, of the Caretaker Committee and this conflicting appointments fuelled further tensions in the market and worsened the security of lives and properties in the ASPAMDA market, being the business complex of the 1st applicant. And that Investigations also revealed that the appointment of Anthony Tony Ughagwu by the Executive Governor of Lagos State was done in disregard of the Order of Honourable Justice P.O. Lifu in Suit No. FHC/L/CS/566/2021 directing parties to maintain status quo ante bellum.

“That there was never a time the 1st and 2nd respondents surreptitiously acted in connivance with any of the 1st applicant’s members to hijack the office of the president or any offices whatsoever of the 1st applicant. That contrary to the depositions that Legal Advice dated 8th day of June,2023 and that dated 4th day of January, 2024 were procured illicitly from Ministry of Local Government and Chieftancy and Rural Development of Lagos State, investigation reveal that the Legal Advice were as a result of a letter dated 5th day of June, 2023 written by one Sunday Odih, to confirm the true status of who is the lawful President of the 1st applicant and in the replies, the Lagos State Government replied that Mr James Umeji is the lawful President of the 1st applicant.

“That immediately the 2nd and 3rd applicants realized that their antics had hit the wall, they clandestinely mounted pressure and procured another letter dated 18th January, 2024 through the Office of the Attorney General of Lagos State to declare 2nd applicant as President of the 1st applicant but the Office of the Attorney General of Lagos State unknown to the applicants tactically marked the letter dated 18th January, 2024 “without prejudice” with no legal probative value.

“That the 2nd and 3rd applicants were never arrested on 19th day of January, 2024 nor any date whatsoever and the 1st & 2nd respondents further state that it was the 2nd and 3rd applicants who made criminal allegations against some members of the 1st applicant leading to the filling of criminal charge No MCB/2/90/2020 against the members .But upon receipt of a counter petition which was thoroughly investigated, it was discovered that the criminal complaints by the 2nd and 3rd applicants were untrue, false and based on suppressed facts.

“The 1st & 2nd respondents did not and had not and will not deploy its officers to administrative offices of the 1st applicant and that the investigation carried out by the 1st and 2nd respondents was as a result of the petition from the applicants relating to allegations of conspiracy, stealing, criminal invasion, threatening violence and contempt of court.

“That in fact upon preliminary investigation of the criminal complaints by the applicants, a 6 (six) counts charge No MCB/2/90/2020 dated 23rd day of November, 2022 was filed against one Dozie Ezeugo, Okechukwu Ucheagwu, Sunny Daniel Ihene Megwa, Ndubuisi Udeze and Innnocent Madubuike, respectively at Magistrate Court, Lagos. And that however upon receipt of counter petition from one Chief Sunny Igbanuzue, and after a thorough investigation of criminal complaints in the petition by the applicant and counter petition from Chief Sunny Igbanuzue, it was found out that the initial allegations by the 2nd and 3rd Applicants leading to the filing of criminal charge No MCB/2/90/2020 dated 23rd day of November, 2022 was based on falsehood and suppressed facts.

“The 2nd and 3rd applicants were never arrested nor detained neither were they threatened with any arrest or detention by the 1st and 2nd respondents and there was never any time the offices of 1st applicant molestation, harassment nor restriction of movements or liberty of members of the 1st applicant or the 2nd and 3rd applicants or any persons whatsoever.

“That the suit as it is presently constituted is frivolous, lacking in merit and an abuse of judicial process. And that it is in the interest of justice and fairness to dismiss this application as same is lacking in merit.”

In striking out the suit, Justice Dipeolu held that: “pursuant to the Notice of Discountinuance filed on 8/5/24 which was served on the 1st and 2nd respondents in Court, this case FHC/L/CS/115/2024 is struck out.

“That the Order of court of 23rd January, 2024 is automatically vacated.

“That on the issue costs, considering the fact that the Originating Summons to which 1st and 2nd respondent filed a Counter dated 6/6/2024 has not been moved, and the fact that 1st and 2nd respondents filed their Counter Affidavit on 6/6/24.

“That award cost in the sum of
N50, 000. 00 in favour of the 1st respondent and N50,000.00 in favour of the 2nd respondent.”