Judiciary & Court
Business woman seeks court order against police arrest
In a bid to forestall their arrest and detention over alleged civil matters, a Lagos business woman Modupe Elabanjo, alongside two other people Akinola Oloruntoba and Makinde Jimoh have dragged, the Assistant Inspector General of Police Force Criminal Investigation Department (FCID) Ikoyi, Alagbon, Lagos before a Lagos high court.
Though the police claimed that the suit is a ploy to frustrate investigation into alleged, conspiracy, forgery, perjury, obtaining money by false pretence, contained in a petition written against the applicants by a Lagos lawyer, Barrister Kola Shodiya.
Joined as co-defendants are police officer Adeoye Bolaji, Deputy Commissioner of Police FCID, Alagbon Ikoyi Lagos, Inspector Godfrey Graceman and legal practitioner Barrister Kola Shodiya.
According to affidavit in support of statement of facts sworn to by appointed attorney of the estate of late David Taiwo Elabanjo, and filed before the court by Barrister Tolulope Ige, the deponent averred that Modupe Elabanjo, first child of the deceased David Elabanjo gave him power of attorney on 24 January 2006 to recover on her behalf portions of a 10.5 acres of land acquired by her father in his life time which had been encroached upon by trespassers.
However, since March 2020 they have been receiving letter of invitation and calls from the Nigeria Police based on a petition written to the AIG Nigeria Police Zone 2 Lagos with false allegation that they conspired together to commit malicious damage and forceful take over of parcel of land with criminal content in a purely civil matter.
In view of this, the applicants are urging the court to restraint the respondents and their agents from further infringing on their fundamental human right.
However, in a counter affidavit sworn to by Inspector Geoffrey Akwo, while denying almost all the averments of the applicants, stated that, on 26th of February, 2020 received a petition containing allegations of conspiracy, forgery, perjury, obtaining money by false pretence and stealing through fraudulent conversion among others against the applicants and their cohorts as revealed in the petition in the course of the investigation.
The applicants were alleged to have forged a Deed of Assignment between Mr David Taiwo Elabanjo and one Mr Victor Chizoba Eze purportedly signed by the said David Taiwo Elabanjo in the year 2017 when the said David Taiwo Elabanjo died on 9th April,1983.
Consequently, the police are performing their lawful duties and have not in any way infringe on the fundamental rights of the applicants, therefore, urge the court to dismiss this suit with punitive cost for bringing this action to embarrass the respondents and unnecessarily putting them through the hug of litigation.
Mr Akwo contended that the suit is instituted to truncate investigation, evade prosecution and pervert cause of justice.
In his response, Barrister Kola Shodiya stated that the application of the applicants is brought in bad faith and attempt to stall the police from investigation of their fraudulently activities, therefore it will be in the interest of justice for the court to refuse the prayers of the applicants and order Police to carry on with their investigation and charge the applicants to court.
