Guardian

JUSTICE Adeniyi Onigbanjo of Ikeja High Court has declared the invitation of five Lagos high chiefs by the Inspector General of Police (IGP) and the Commissioner of Police, Monitoring/Special Investigation Unit, Force Headquarters, Abuja, Mr. Ali Amodu, a violation of their fundamental rights.

The judge also declared the attempt to arrest and detain the applicants upon the petition of the respondents as a calculated attempt to dispossess them of their land and property at Ilasan and a violation of their fundamental rights.

Onigbanjo further restrained all the respondents, including the IGP, from further steps in any manner pertaining to the issues raised by the parties and relating to the land, the subject matter of Suit No. LD/2758/94, pending the hearing and determination of any appeal by the respondents or the applicants.

The applicants are Muritala Adedoyin Elegushi, Morufu Elegushi, Segun Tijani Elegushi, Sabitu Elegushi and Murphy Adetoro. Sued as third to10th respondents are: Fatai Jimoh, Kola Mustapha, Adigun Lamina, Mufu Lamina, Fasasi Lamina, Muti Mustafa, Fatimo Mustafa and Anota Jimoh.

The applicants, by amended application, asked the court for a number of declaratory/injunctive reliefs against the respondents regarding the alleged breaches or threatened breaches of their fundamental rights concerning issues directly connected to title to land at Ilasan, which had been declared in their favour in Suit No. LD/2758/94.

Upon service, the IG and the Commissioner of Police chose not to respond to the suit in any way while the third to 10th respondents, upon service, filed a notice of preliminary objection, praying the court to strike out or dismiss the application for amendment.

However, Justice Onigbanjo noted: “Since these are fundamental rights proceedings, parties’ respective cases are basically fought on affidavit evidence, and from the affidavit evidence before the court, certain salient points are not disputed by parties.

“From the foregoing undisputed facts and without more, one does not have to be a rocket scientist to discern that the third to 10th respondents’ motive in making multiple complaints against the applicants with various formations of the Nigeria Police is to get what they have so far failed to get through the judicial system, - ownership and retention of possession of the land in dispute between them and the applicants.

“In view of the above, I find merit in this suit, especially in the light of applicants’ uncontroverted affidavit evidence of renewed invitations and threats of arrest and detention by officers of the 1st and 2nd respondents on the issues highlighted in parties’ processes.

“In granting applicants’ 1st and 8th prayers as framed, I agree with applicants’ counsel that it is well within applicants’ constitutional rights as provided for by Section 46(1) of the 1999 Constitution of Nigeria to initiate this suit in justifiable anticipation and apprehension of the breach(s) of their fundamental rights by the respondents, as can be seen from the facts of this case.”