By Chuks Eke
Justice Tagbo Anieto, an Onitsha High Court judge sitting as a vacation court in Awka, has granted an order of perpetual injunction restraining the Inspector-General of Police, the Deputy Inspector-General, DIG in-charge of Nigeria Police Force Central Investigation Department, Abiodun Alabi, and Mrs. Ebele Mogbo from “arresting, detaining or in any other way infringing on the Fundamental Rights of Chief Sylvester Afamefuna Orji, as guaranteed by the 1999 constitution of the Federal Republic of Nigeria as amended”.
Justice Anieto also ordered the Nigeria Police to stop compelling the Applicant (Chief Sylvester Afamefuna Orji) to report to Nigeria Police Force Criminal investigation Department, Area 10, Abuja or any other place with respect to the subject matter of the suit between him and Barrister Mrs. Ebele Mogbo.
The court orderr followed an Originating Motion in a Fundamental Human Rights Suit brought before it by the Applicant’s counsel, Chris Ajugwe Esq., challenging the invitation of his client by the police to report to the DIG’s office in Abuja from Onitsha with immediate effect or be arrested in Onitsha and bundled to Abuja for detention.
In the Motion No. 0/Misc.258/2023, Ajugwe had contended that the subject matter of the case is the landed property at No. 54 Moore Street, Onitsha which the Respondent, Mrs. Mogbo sold to the Applicant, Orji for N41 million and had promised to execute title documents including Deed of Assignment and Irrevocable Power of Attorney in favour of his client Chief Orji but later declined despite several demands.
According to the Motion, when Mrs. Mogbo boasted and threatened to deal with the Applicant with her gods and security agencies, if he disturbs her peace again over the land issue, Chief Orji joined issues with her, and threatened to drag her to Okija Shrine if she fails yo give him the title documents he is demanding from her for the sale of the landed property which he had already paid for.
Quoting section 32(2) of Nigerian Police Force Establishment Act 2020 which provides that: “A person shall not be arrested merely on civil wrong or breach of contract”, Ajugwe argued that, “the land transaction between the parties, Chief Sylvester Afamefuna Orji Vs. Mrs. Ebele Mogbo was a contract transaction pertaining land while the altercation between them were merely civil wrong which remedy might at best be an action in civilisations tort”.
Arguing that Mrs Mogbo deliberately by passed several layers of police formations in Anambra state, including Fegge Police Station, Onitsha Area Command, Anambra State Police Command Awka and AIG, Zone 13, of Nigeria Police Force Ukpo, to go to Abuja to make a complaint over land and shrine in Anambra State, Barrister Ajugwe urged the court to grant his client’s application.
In his ruling, Justice Anieto said he agreed with Ajugwe’s submission, adding that: “By Section 4 of the Police Act, it is the duty of the Police such as the 2nd -4th Respondents to prevent and detect crimes, apprehend offender, preserve law and order, protect life and property and enforce all laws and regulations with which they are directly charged”.
“This important duty is very much required for an orderly society but it is my decision that to write petition or make complaint to the police formations at Abuja over an issue that is in Anambra State is most inappropriate and it is a show of power by the 1st Respondent ostensibly to intimidate the Applicant”.
Justice Anieto further ruled: “I condemn in the strongest of terms the practice of making petitions to the Police at Abuja over issues arising from the State. This abhorrent practice is prevalent in Anambra State where persons usually seek to boost their egos by making complaints at the police formations at Abuja, the capital city of Nigeria over issues which can be easily and speedily resolved in Anambra State”.
Awarding a N1 million cost against the Respondent, in favour of the Applicant, the court further ruled: “This very shameful practice is condemned and the Police hierarchy is warned and ordered to stop encouraging this practice”.
