Court strikes out traders’ right infringement suit

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

Justice Deinde Dipeolu struck out the suit, following an application brought by counsel to the applicant (traders), Mr U. P. Asuquo, after being served with the IGP Egbetokun’s counter-affidavit filed by Mr. Morufu Animashaun of the Legal department of the Force Criminal Investigation Department Force CID (Annex) Alagbon. Ikoyi, Lagos.

The judge after striking out the suit also awarded the cost of N100,000, 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 the IGP, Mr A. A. Elleman (Commander, Inspector-General of Police Monitoring Unit) and the Lagos State Attorney-General and Commissioner for Justice.

The applicants had asked the court for a declaration that the invitation, arrest and subsequent detention of the 2nd and 3rd applicants within the offices of the 1st and 2nd respondents were unlawful.

Also, the applicant said their offices were invaded on January 12, 2024 without any lawful justification, adding that it is a clear violation of the applicants’ rights as guaranteed under Sections 34, 35, 36 and 40 of the 1999 Constitution of Nigeria (as altered).

“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 January 12, 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.

They, therefore, prayed the court for an order restraining the 1st and 2nd respondents, their officers, agents, and privies, from interfering in the domestic affairs of the 1st applicant’s association in any manner.

They prayed the court for general damages in the sum of N50 million against 1st and 2nd respondents.

But Animashaun filed a 10-paragraph affidavit deposed to by SP Chinedum Onwuka, a written address and several exhibits.

He asked the court to dismiss the applicants’ suit with a cost of N100 million, for being frivolous and lacking in merit.

He averred that he 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.

“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.

“Invitation letters were subsequently sent to respective petitioners/respondents and counter-petitioners/respondents to state their respective sides to the petition and counter-petition.

“That the investigation reveals that the 2nd and 3rd applicants were never validly elected as a resident 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,” the respondents swore.

According to the Police, the investigation revealed that the 2nd and 3rd applicants were bent on fomenting chaos in ASPAMDA, purportedly ganged up and forcefully removed the duly elected President of the 1st applicant in the person of Mr James Umeji from office and caused a breakdown of law and order in the market resulting in acts of vandalism, looting and destruction of properties in the market, among other allegations.

However, Justice Dipeolu in a ruling struck out the matter and awarded cost in the sum of N50,000 in favour of the first respondent and N50,000 in favour of the second respondent.