Lagos Businessman, Afolabi Akindele, Sues IGP, Seven Others Over Alleged Illegal Detention, Death Threat, Abuse Of Fundamental Human Rights

By Babatunde Solanke

The Chief Executive Officer of Adamakan Investment and Works Limited, a firm specializing  in real estate acquisition and retailing, Mr Adams Akinfolabi Akindele has sued the Inspector General of Police, Kayode Egbetokun and seven others over alleged illegal abduction, death threat and abuse of his fundamental human rights to do legitimate business as stipulated by the constitution of the  Federal Republic of Nigeria.

Aside the Inspector General of Police(first respondent), those also joined in the suit filed in the Lagos State High Court, Ikeja Judicial Division, as respondents  include, the Deputy Inspector General of Police(second respondent), Federal Criminal Investigation and Intelligence(FCID, Alagbon, Lagos State)(second respondent); the Assistant Inspector General of Police, Zone Two 2, Onikan, Lagos(third respondent and  the Officer  In Charge, Zonal Monitoring Team, Office of The Assistant Inspector General of Police Monitoring Team, Zone Two Headquarters, Onikan, Lagos(fourth respondent).

 Others also joined in the suit include, Mr.  Uba A. Bangajiya(fifth respondent); Land Leadway Properties Limited(Sixth respondent), Mr Kelvin  Igwe Investment Limited(seventh respondent and Mr. Kelvin Igwe(eighth respondent).

In the suit number1D/1573/MFHR/2023 titled:” In The Matter of An Application For The Enforcement of Applicant’s Fundamental Rights To The Liberty, Dignity of Human Person And Fair Hearing,’’, Akindele, who is also sole Anthony of  Madam Tinbu Estate, through his counsel, OAF Solicitors, gave the facts of the matter in an affidavit he sworn to in support of originating summons.

1. That 2022, my company, Adamakan investment and Works Limited, entered into an agreement with LAND LEADWAY PROPERTIES LIMITED to clear a total of 200 plots of land of the Efunroye Tinubu land at monastery Road, Eti-Osa in Eti-Osa Local Government Road of Ogun State of which my company happens to be the Attorney.
2. That as a condition precedent to carry out the assignment is that the contractor shall be entitled to four (4) plots of land for the assignment and in addition to carrying out the duty, he shall also pay a total sum of Sixty Million (N60,000,000.00).
3. That while the contract was entered into with the 6^th Respondent, the 7^th and 8^th Respondents also played a prominent role and the total sum of Ten million Naira (N10,000,000.00) was even paid by the 7^th Respondent.
4. That just after payment of the ten million, the 6^th to 7^th Respondents complained of interference and refused further payment and stopped carrying out the assignment in the contract terms.
5. That the next to happen was that the 8^th Respondent stormed my office in company of some uniform men, abducted me and insisting on refund of a total sum of sixty-five Million naira he claimed was paid to me.
6. That I was forced to write an undertaking that payment would be made when those he caused to abduct me were threatening to “take care of me” and would not even allowed my people to discover where my corpse is.
7. That I thereafter wrote a petition to the Directorate of Security Services of which the office sought the Assistance the office of the 3^rd Respondent.
8. That I was also wrote another Petition to the 3^rd Respondent office and which Petition was investigated by one Mr. Nweke Ngbona of Anti-kidnapping Department.   
9. That the outcome of the investigation was what I was awaiting when I received invitation from the office of the 3^rd to 5^th Respondent.
10. That the 6^th Respondent even wrote a letter dated the 23^rd day of March, 2023 to which I responded by a letter dated the 21^st day of August, 2023 after series of meetings held on the issue.
11. All these issues were made known to the 3^rd to 5^th Respondents and they still insisted my coming to their office to be detained and charged to Court.
12. At a point, they claimed to one of my lawyers, Mr. M. D. Idris that they had gone to obtain an Order from the Magistrate Court to habve me detained and prosecuted.
13. That in a very recent time, because my lawyer, M.D. Idris, was attending the Annual conference of the Nigerian Bar Association in Abuja, he asked my in-house lawyer, Mr. Charles to respond to the most recent invitation and inform the office of the 3^rd to 6^th Respondents that I will be coming to meet them when he came back from the Conference.
14. That the 3^rd to 5^th Respondents then resolved and decided not to allow the said Mr. Charles to go until I was made available.
15. That Mr. Charles was not allowed to leave the premises of the 3^rd to 5^th Respondents until when intervention came from the office of the Chairman of the Nigerian Bar Association, Ikeja Branch.           
16. That it is in the best interest of natural justice, equity, good conscience and state policies to grant this application.
17. That unless this Honourable Court intervenes timeously to hear and determine this application, the Defendants will not stop in their efforts to have the Claimants’ rights assailed.
18. That the Defendants will not be prejudiced if this application is granted.
19.  That I know as a fact that the breach, infringement and gross abuse by the Defendants are illegal, wrongful, unlawful, and unconstitutional and unless the court restrains same with damages, the Defendants will not stop.
20.  That I depose to this affidavit conscientiously believing same to be true and in accordance with Oath law in force.

The originating summons brought in pursuant to:

SECTION 46 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999(AS AMENDED).

SECTION 34(1), 35 AND 36 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999(AS AMENDED).

ARTICLES 4, 5, 6, 7, 12 (1) & 28 AFRICAN CHAPTER ON HUMAN AND PEOPLES’ RIGHTS (RATIFICATION AND ENFORCEMENT) ACT, CAP A9 LAWS OF THE FEDERATION OF NIGERIA 2004

ORDER II RULE 1, 2, 3 & 4 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009

THE INHERENT JURISDICTION OF THE HONOURABLE COURT

LET the 1^st and 2^nd Respondents of the Force Headquarters, Abuja who also has his annex office in Lagos here at either the Force Headquarters Annex and/or c/o of the Legal Unit, Federal Criminal Investigation Department, (FCID), Alagbon Lagos State, 3^rd to 5^th Respondents of Zone 2, Headquarters, Onikan, Lagos do, within seven days after the service of this summons on them, inclusive of the day of service, do cause appearance to be entered for them jointly or severally, to this summons which is issued on the application of the Applicant, Mr. ADAMS AKINFOLABI AKINDELE

By this summons, the Applicant seeks the resolution of the following questions of law by the court:

1. Whether having regards to the provisions of the constitution of the Federal Republic of Nigeria, 1999 (as amended) particularly Sections 34, 35 and 36, the Applicant’s Rights can be infringed upon by the Respondents, which the invitation of the Applicant or the threat of his arrest by the 1^st to 5^th Respondents will occasioned over a complaint made by the 6^th and 7^th Respondents who only had a commercial transaction on clearing of a 200 plots of land in SAGOTEDO AREA OF LEKKI which contract or transaction was eventually frustrated by conducts of parties to same as a result of which a complaint was made by the 6^th and 7^th Respondents?
2. Whether the Applicant could have been arrested by the Respondents over the complaint of the 6^th and 7^th Respondents over a complaint made by the 6^th and 7^th Respondents who only had a commercial transaction on clearing of a 200 plots of land in SAGOTEDO AREA OF LEKKI which contract or transaction was eventually frustrated by conducts of parties who only had a commercial transaction on clearing of a 200 plots of land in SAGOTEDO AREA OF LEKKI which contract or transaction was eventually frustrated by conducts of parties which remains an act within the ambit of civil transaction and which does not constitute crime within the contemplation of Section 4 of the Police Act and Allied Instruments?
3. Whether the Applicant is not entitled to exemplary and aggravated

damages?

• Whether the Honourable Court will not make an Order directing whoever officer(s) who is ever found to be culpable in this regards will not be made to be directly responsible for the payment of the damages to be awarded?

Where the above questions of law are answered in the negative and against the defendants, the claimants shall seek the following reliefs:

1. A DECLARATION that the invitation of the Applicant on the 8^th day of September, 2020, the continuous threat of arrest of the same Applicant by the office of the 3^rd to 5^th Respondents who are officers of the 1^st and 2^nd Respondents from on the 11^th day of February, 2021, 17^th June, 2021, the 19^th October, 2022, all through the year, 2022 up till now over a complaint made by the 6^th and 7^th Respondents who only had a commercial transaction on clearing of a 200 plots of land in SAGOTEDO AREA in Eti-Osa Local government of Lagos State  which contract or transaction was eventually frustrated by conducts of parties to same constitute gross violation of the Applicant’s right to the Dignity of Human Person, liberty and fair hearing as guaranteed by Sections 34, 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 7, 6 and 5 of the African Charter on Human and People’s Right (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria, 2004.

2. AN ORDER of injunction restraining the Respondents either by themselves, agents or privies from any arrest and detention or further attempt of arrest, harassment, intimidation, and embarrassment of the claimants in whatsoever form simply on the reason that they visited their ancestral home  and/or that they are making attempt to recover their common heritage from their customary tenants, servants, trespassers and squatters which remains within the ambit of civil squabble and therefore does not constitute crime within the contemplation of Section 4 of the Police Act and Allied Instruments?

3. AN ORDER of this Honourable Court for the Respondents jointly and severally to pay a sum of N50, 000,000.00 (Fifty Million Naira Only) to Applicant as exemplary damages for the unconstitutional infringement, encroachment, infraction, breach and flagrant violation/abuse of the Claimants’ Fundamental Rights.

4. AN ORDER directing the damages to be awarded to be paid from salaries, pensions, gratuity and other personal emoluments as enured to the whosoever of the Respondents is found culpable in the attempt to act outside the coulour of their offices to infringe on the rights of the applicant.

5. AND FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances of this case.

MR. UBA A. BANGAJIYA

1. LAND LEADWAY PROPERTIES LIMITED
2. MR. KELVIN IGWE INVESTMENTS LTD
3. MR. KELVIN IGWE