
A 75-YEAR-OLD businessman, Taiwo Kayode Alli and his son, Hamid Alli, have filed a fundamental rights suit against Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig.-Gen. Buba Marwa (rtd) and four others before a Federal High Court, Lagos over alleged intimidation, molestation and invasion of their house by the anti-narcotics organisation.
The applicants, through their lawyer, Eyitayo Abiodun, are praying the court for an order restraining the defendants either by themselves or acting through their agent, servant or privy from arresting, intimidating or molesting them pending determination of the application.
Listed as defendants in the suit beside Marwa are Head, NDLEA Lagos Zonal Command, Lagos, Adetula Oluwarotimi Lawal (NDLEA Bariga Outpost) and NDLEA personnel, Adekunle and Edward.
The applicant made the prayers in a fundamental rights enforcement suit marked FHC/L/CS/2017/23 before Justice Ambrose Lewis-Allagoa, brought pursuant to Sections 34, 35, 37, 41; Section 44(1) of the Constitution and Order 2 Rule 1 of the Fundamental Rights Enforcement Procedure Rules 2009.
Specifically, the applicants are praying for an interim order restraining the 1st, 2nd, 3rd, 4th and 5th defendants either by themselves or acting through their agent, servant or privy from arresting, intimidating or molesting them pending determination of the application.
In a 16-paragraph affidavit deposed to by Kayode (1st applicant), he stated that on June 6, 2023, his son (2nd applicant) drove his friend that came back from America to the airport to catch her flight, and on getting home at about 5.30am, he realised that the gate of his father’s house, where he resides, had been thrown open after the lock was broken.
He also discovered that his brother’s car, which was parked in the compound, had disappeared, and he immediately reported the matter at the Anthony Police Station.
He stated that the police, after tracking the car, discovered that it was parked outside the NDLEA outpost office in Gbagada, Lagos.
According to him, the 2nd applicant with the police officer went to the NDLEA Gbagada outpost office, where they were told that the car was flagged down in Ikeja and the occupant refused to park, fled and abandoned the car whereas the vehicle was packed in the house.
He said the NDLEA personnel also informed the police that a substance suspected to be an illicit drug was found inside the car, and that was the basis of towing the car.
Continuing, he submitted that a few hours after his son left for work that same morning, he was informed that officers from NDLEA Gbagada outpost had returned to allegedly clear all belongings and burgled the apartment belonging to his brother, who resides abroad.
He added that he instructed his counsel to visit the NDLEA office to know the reason for the latest incident and the counsel was told that substance was found in the kitchen and in the refrigerator, notwithstanding the fact that no one was home during the incessant raids.
The applicant stated that as a follow up, NDLEA officials visited the 1st applicant’s place of work and residence of over 30 years and demanded for code to the safe in the office, and that he called his son who released the code to them without hesitation.
He added that after opening the safe all the contents were removed which include his son’s international passport, identity card, land documents, and other documents belonging to his other children.
The deponent added that when his lawyer visited the NDLEA office, he was allegedly told that all the documents will be returned upon payment of N5.5 million, which was allegedly paid under duress.
He stated that after giving the money, the NDLEA officials told the lawyer that his son can no longer go back to work and continue running the family business and that he should disappear by leaving the country.
The deponent stated that they are still living in fear as they are yet to know the motive of the NDLEA officials for laying siege to the applicant’s house.
The deponent alleged that the NDLEA officials insisted he uses a lawyer which they recommend.
He said he has been receiving phone calls from this lawyer, urging him to pay N30 million if he wants to have his house back and documents of his property in Lekki, which they allegedly took away as they claimed that the property registered as No 96 Page 96 in Volume 1990 AG belongs to his son, the 2nd applicant.
Consequently, Justice Allagoa fixed the hearing of the application for December 4.
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