An Abuja High Court has restrained the Inspector General of Police (IGP), his agents, or anyone acting under his authority from arresting or inviting a businessman, Mr. Ugochukwu Elobi over a property located on Plot 162 Gudu District, Abuja.
The trial judge, Justice M.A. Madugu, sitting in Bwari Division of the court, also restrained the Police boss from collecting the original land title documents or entry or/and interfering with the proprietary right of the applicant’s company, Aknaton Holdings Ltd over the said plot of land, pending the hearing and determination of the motion on notice marked, FCT/HC/BW/CV/254/2022.
In his ruling on an exparte motion filed and argued by Barrister Kingsley Muoemeka on behalf of the applicant on November 2, the judge directed all the parties in the matter to maintain status-quo ante-bellum pending the hearing of the motion on notice and adjourned the matter till November 15, 2022.
The businessman, in a fundamental rights enforcement suit filed on 27th October, wants the court to declare that the actions of Police officers from the IGP monitoring unit, Force Headquarters, Abuja in demanding that he surrenders and delivers the original land title documents belonging to his company, Aknaton Holdings Ltd over plot 262 Gudu District in Abuja to the Police or get arrested and detained constitute a gross violation of his rights to personal liberty.
That the continued threats and insistence of Police officers under the IGP that he should submit or deposit the original documents of the land to the Police or get arrested and detained amounts to a flagrant violation of his rights to personal liberty and right to acquire and own immovable property anywhere in the country as guaranteed under Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
He also wants the court to declare that the action of Police under the control of the IGP, invading the said plot on September 27th and 30th and arresting the guards and workers he engaged in the site and the threat and warning by the Police that, he should not step into the land again without valid court order constitute an infraction of his right to dignity of human person.
“A declaration that civil transactions, ownership of land and declaration of title to land is outside the statutory mandate of the Nigeria Police and the respondent, whether acting by himself or through Police officers under his control neither has statutory rights nor powers to determine ownership of Plot 162 Gudu District, Abuja nor to determine who stays in exclusive possession of the said plot.
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“A declaration that the actions of officers from IGP monitoring unit, who are under the superintendence of the respondent in going to Plot 162 Gudu District Abuja on 21st October at about 3:00pm and writing inscriptions,’This property is under investigation by the Nigeria Police, keep off, 21/10/2022” at the fence is wrongful and illegal.”
He then seeks an order of the court, enforcing his fundamental rights to dignity of human person, personal liberty and right to acquire and own immovable property anywhere in Nigeria.
He also prays for an order of perpetual injunction restraining the Police boss and officers under his control from forcefully collecting the original land title documents over plot 162 Gudu District, Abuja from him as well as an order restraining the Police from arresting or detaining him in connection with ownership and exclusive possession of the said plot of land.
In an affidavit deposed to by the applicant, he averred that his company is the bonafide owner of the plot of land in question, adding that his late father, Chief Emeka Elobi, before his death had a lawyer called, Chijioke Ozoemena, whom, he alleged, held on to the title documents over the said plot of land and another on Plot 1966 Wuye District of Abuja.
He said until his father’s death, the land documents were not found, hence by his petition to the Police so as to fish out the person in possession of the land documents and an inscription warning the public to stay away from the properties as they were not for sale.
“Chijioke Ozoemena commissioned some people to destroy the notice, claiming that he bought the land directly from our company,” and coming to the Police to account for his possession of the title documents, Chijioke changed the narrative and claimed to had bought the land from a 3rd party who bought from Aknaton Holdings Ltd.
He further averred that, Deputy Commissioner of Police (DCP) Simon Lough (SAN), after a thorough investigation by the Police, advised that Chijioke be prosecuted for alleged unlawful possession of the land documents, and that, one De-Endy Industrial Company Ltd and Adorable International School mentioned by Chijioke be invited for statement and that, the original land documents be returned to him.
While the documents were returned back to him, the company and the school mentioned by Chijioke could not be reached by the Police to make statement in the matter.
Not withstanding police investigation report, the legal advise and the attempts to file charges in court, he alleged that Chijioke and his cronies were bent on frustrating investigation and prosecution through frivolous counter-petition.
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