A Federal Excessive Courtroom sitting in Lagos has ordered the Inspector-Basic of Police and 5 others to pay N500 million as damages over the harassment and violation of the rights of a Lagos-based actual property developer, Dr. Harrison Agboifon.
The judgement was delivered by Justice Lewis Allagoa in a go well with marked FHC/L/CS/16644/2023. The court docket held that the actions of the police and different defendants amounted to intimidation and abuse of elementary rights.
These affected by the ruling embody the Inspector-Basic of Police, the Commissioner of Police, Interpol, Power Headquarters Abuja, the Deputy Commissioner of Police in control of Interpol, CSP Abdullahi Sanusi, Mr Vibrant Solomon Omozejele, and Solviz Assets Restricted. The court docket ordered that the N500 million damages be paid collectively and severally.
Justice Allagoa additionally issued a perpetual injunction restraining the police authorities and their brokers from additional harassing or intimidating the applicant. The order particularly stops any try and arrest him or compel him to look in Abuja pending the ultimate willpower of the case.
The dispute began from a property transaction in Lagos. The applicant, Dr. Agboifon, is an actual property guide and Managing Director of Landmark Company Realty Restricted. He entered into an Contract with Mr Vibrant Omozejele, who acted on behalf of Solviz Assets Restricted, for the acquisition of a three-bedroom bungalow situated in Abijo GRA, Ibeju-Lekki.
The property was initially priced at N37 million however was later lowered to N36.5 million after negotiations. The client agreed to finish cost inside 12 months.
Nonetheless, the court docket heard that solely N19 million was paid, leaving a major stability unpaid after the agreed deadline in December 2021.
In response to the applicant’s counsel, Barrister Ikechukwu Anima, as a substitute of finishing cost, the client allegedly petitioned the police. He accused them of utilizing connections throughout the Power Headquarters in Abuja to stress the applicant.
Anima advised the court docket that his shopper confronted repeated threats, harassment, and invites to report back to the police workplace in Abuja. He argued that the matter was purely civil and originated in Lagos, making such actions illegal.
He mentioned the state of affairs induced critical worry and concern for his shopper, particularly because the invitation directed him to look earlier than the Commissioner of Police in control of Interpol, an workplace not meant for dealing with civil disputes.
The court docket agreed with the submissions. It declared that inviting the applicant to Abuja over a Lagos-based civil transaction was unconstitutional.
The decide held that such actions amounted to intimidation, harassment, and a violation of the applicant’s proper to non-public liberty as assured underneath Part 35(1) and (3) of the 1999 Structure.
Justice Allagoa additional dominated that the threats of arrest and detention have been unlawful. He affirmed that legislation enforcement businesses should not be used as instruments to settle non-public civil disputes.
The court docket due to this fact granted all of the reliefs sought by the applicant, together with the order restraining the respondents from taking additional steps in opposition to him in reference to the matter.