Falana petitions IGP, seeks transfer of land dispute probe to Ekiti

Legal Practitioner and Human Rights Activist, Femi Falana, SAN has formally petitioned the Inspector-General of Police, Tunji Disu, requesting the transfer of an ongoing investigation involving four individuals in a land dispute from Abuja to Ekiti State.

In a letter addressed to the IGP at the Nigeria Police Force Headquarters, Abuja, Falana through his solicitors from Falana & Falana’s Chambers led by Benedict O. Ak, said they were acting on behalf of Messrs. Musa Lasisi, Peter Ilesanmi, Azeez Gbenga Oyebanji, and Tajudeen Bello, who are currently subjects of a petition filed by members of the Akogun Family.

The petition, according to him, contains grave allegations including conspiracy, kidnapping, terrorism, unlawful possession of firearms, malicious damage and conduct likely to breach public peace.

The legal team strongly disputed the claims, describing them as false, grossly exaggerated and a calculated attempt to criminalise a civil dispute.

They argued that the issue at the centre of the allegations is a land ownership disagreement that had already been conclusively determined by a competent court in 2016 in favour of their clients.

The Solicitors maintained that their clients’ rights over the disputed property are legally protected, alleging that the petition by the Akogun Family is an afterthought aimed at harassing and intimidating their clients.

The solicitors also emphasized that law enforcement agencies are not empowered to resolve civil disputes, warning against the misuse of criminal proceedings in matters relating to land ownership.

According to them, the Ekiti State Police Command is fully capable of handling the investigation and is better positioned geographically to conduct a thorough and context-sensitive inquiry.

The petition reads, “We act as solicitors to Messrs. Musa Lasisi, Peter Ilesanmi, Azeez Gbenga Oyebanji, and Tajudeen Bello (hereinafter referred to as “our clients”), on whose firm instructions we write in respect of the above-referenced matter.

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“Our clients have drawn our attention to a petition authored by members of the Akogun Family, which contains serious allegations, including conspiracy, malicious damage, kidnapping, terrorism, conduct likely to cause a breach of public peace, unlawful possession of firearms, and threats of violence against them. We are informed that the petition is currently under investigation by the Intelligence Response Team (IRT) at Force Headquarters, Abuja.

“At the outset, we respectfully submit that the allegations contained in the petition are not only false and grossly exaggerated but also constitute a calculated attempt to criminalise what is, in substance, a purely civil dispute over land ownership.

“Our clients’ proprietary rights over the subject landed property have been conclusively determined by a competent court of law since 2016. The judgment, which remains valid, subsisting, and binding, was delivered in favour of our clients against the Akogun Family. Accordingly, our clients’ possession and dealings with the said property are lawful and protected by law.

“It is therefore evident that the present petition is an afterthought and a stratagem intended to harass, intimidate, and frustrate our clients in their enjoyment of the fruits of their judgment.

“Needless to say, it is trite that the police are not empowered to adjudicate on civil rights or to deploy criminal process as a means of settling civil disputes. The Supreme Court has consistently deprecated the use of criminal complaints as a weapon in civil matters, particularly in land disputes.

“Without prejudice to the foregoing, we most respectfully draw Your attention to the fact that the subject matter of this dispute, the parties involved, the witnesses, and the locus in quo are all situated within Ekiti State. The alleged acts, if any, are also said to have occurred within the same jurisdiction.

“In addition, we respectfully submit that the Ekiti State Police Command is as competent and duly empowered as any other formation of the Nigeria Police Force to investigate the allegations contained in the petition. There is therefore no operational or legal basis to retain the matter at the Force Headquarters, Abuja.

“Furthermore, in the unlikely event that a prima facie case is established against any of our clients upon the conclusion of investigations, the proper venue for prosecution would be the courts within Ekiti State, which possess the requisite territorial jurisdiction, and not Abuja.