Delta State High Court sitting in Asaba has summoned the Commissioner of Police (CP), Abaniwonda Olufemi, alongside the Deputy Commissioner of Police in charge of the State Criminal Investigations and Intelligence Bureau (SCIIB), Adegoke Alani, and eight other senior officers to explain why they should not be jailed for contempt of court.
Justice G. B. Briki-Okolosi issued the summons following the service of Forms 48 and 49, statutory notices for committal proceedings on the police hierarchy by members of the Sand Dealers Multi-Purpose Cooperative Society Limited, based at Zion Land, Ogbeofu Beach, Cable Point, Asaba.
The officers listed in the committal proceedings include CSP Gladys Imegu (Officer-in-Charge, Legal, State CID), ASP Denis Otunyo, Godwin Uangbaoje, ASP Akinyemi Apu, CSP Muhammad Balarabe Ibrahim, ASP Moses Davis, Inspectors Chiefu Eboagwu and Monday Imala, Monday Adebamen (DCO, ‘C’ Division), and the Area Commander, Asaba, Alex Udenze,.
The court fixed Thursday, January 29, 2026, for the officers to appear.
At the heart of the legal battle is a long-running and violent dispute over sand mining rights along the River Niger in Asaba. The cooperative, led by David Opene (also known as Jah Dave), Kutty Esumai and Raymond Adams, accused the police of wilfully refusing to arrest and prosecute officials of the Federal Ministry of Solid Minerals Development and alleged hired thugs who, they claim, invaded their licensed mining beaches, killed four of their members and disrupted their operations.
According to court documents, the cooperative alleged that some of its members were instead arrested by the police in connivance with the alleged attackers, arraigned and remanded in custody, while those accused of the killings and violent invasion were left untouched.
The group further contended that the Delta Police Command had allegedly ignored a directive from the Inspector-General of Police (IGP), conveyed through the Assistant Inspector-General of Police in charge of Zone 5, Benin City, ordering the re-arrest and prosecution of those involved in the invasion and killings. The directive, they said, was based on legal advice from the Force Criminal Investigation and Intelligence Department (FCIID), Abuja.
In the advice, the FCIID reportedly concluded that investigations into the case, dating back to 2013, had been completed and established a prima facie case against the alleged invaders, recommending their prosecution for conspiracy, forcible entry, murder, malicious damage and attempted murder.
In a Save-Our-Soul (SOS) petition to the IGP dated November 26, 2025, President of the Cooperative, Mbadiwe Ossai (also known as David Opene), accused the Delta CP and “overzealous and corrupt officers” of acting above the law and claiming superiority over the Attorney-General of the Federation.
Ossai maintained that “the cooperative holds a valid operational licence” from the National Inland Waterways Authority (NIWA) to dredge and collect sand from 11 designated beaches along the River Niger in Asaba, but alleged that officials of the Ministry of Solid Minerals Development, allegedly working with some police officers, had persistently frustrated their operations.
He further alleged that despite securing multiple favourable judgments over the years, including Suit No. FHC/B/CS/157/2000 (Mbadiwe Ossai v. Minister of Solid Minerals Development) and Suit No. FHC/B/CS/287/2003 (David Opene v. IGP & Ors.), the interference continued. He also cited a pending suit, No. FHC/ASB/CS/156/2025, against the Delta State Government and others.
Ossai referenced a 2024 Supreme Court judgment reaffirming NIWA’s regulatory authority over inland waterways, arguing that the apex court’s ruling reinforced earlier decisions recognising the cooperative’s rights over the riverfront beaches.
However, the Delta State Police Command, through its spokesperson, SP Bright Edafe, said the CP had not been served with any court summons and was unaware of any contempt proceedings.
Edafe also dismissed claims of collusion with any group or disobedience to court orders or IGP directives, insisting that the command had not received any formal order mandating it to provide security for the waterfront operations.