A Nigerian businesswoman, Ms. Olayinka Aishat Kadiri, has instituted a N705 million fundamental rights enforcement suit against the Inspector General of Police, IGP Egbetokun and five others before the Federal High Court of Lagos.
Other respondents in the suit marked FHC/L/CS/2662/2025, filed by her lawyer, Chief A. G. Giwa Amu, were: Nigeria Police Force (NPF), the Commissioner of Police Lagos State Police Command, Ikeja, Lagos State, CSP Gbadegeshin, the Divisional Police Officer (DPO) Bariga Division, Bariga, Lagos and an investment for, NOLT Investments Limited, listed as first, third, fourth and fifth respondents in the suit.
In applicant suit according to her lawyer is pursuant to Order 2, Rules 1-4 of the Fundamental Enforcement (procedures Rule) 2009, as preserved by SECTION 315 OF THE 1999 Constitution of the Federal Republic of Nigeria, Articles 5, 6, 14 and 22 of the African Charter on Human and People’s Rights (Ratification) Act and under the court’s inherent jurisdiction.
The applicant, Ms. Kadiri is praying the court for the following reliefs: “a declaration that the breaking into and unlawful entry into the applicant’s residence/premises at 20, Community Road, Akoka, Lagos on April 18, 2023, with the intent to remove and the forceful removal of her vehicle, Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360, upon the instigation of the 5th respondent, without compliance with extant laws, or without a Court Order or a Search Warrant or Warrant of arrest, or without a reasonable suspicion of an offence having been committed or is being committed, is in breach of her fundamental Human Right to private and family life, as enshrined in Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.
“A declaration that the unlawful, forceful removal of her car from the her premises at 20, Community Road, Akoka, Lagos on the 18th day of April, 2023, and the detention and continued detention of her vehicle, Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360 at the Nigeria Police, Zone 2 Force Headquarters, No. 2, Island Club Road, Onikan, Lagos, on the instigation of the 5th respondent, without a Court Order or compliance with extant laws, is in breach of her fundamental human right, as enshrined in Sections 43 & 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.
“An order directing the 1st, 2nd, 3rd and 4th respondents to return/restore to her vehicle in Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360, which was forcefully removed from her residence/premises at 20, Community Road, Akoka, Lagos on the 18th day of April, 2023, on the instigation of the 5th respondent, without compliance with extant laws, and in breach of Sections 43 and 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.
“Perpetual injunction restraining the 1st, 2nd, 3rd and 4th respondents from interfering with her liberty, by way of arrest, detention, intimidation, harassment, and in any way whatsoever or under the pretext of police investigation of/over a matter relating to or concerning or connected with the Applicants vehicle in Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360, or the removal of vehicle from her premises at 20, Community Road, Akoka, Lagos on the 18th day of April, 2023, or otherwise interfere with her Fundamental Human Right as enshrined in the Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) 2011.
“N500 million being damages for the unlawful breaking into and unlawful entry into her residence/premises at 20, Community Road, Akoka, Lagos on the 18th day of April, 2023, with the intent to remove and the forceful removal of the Applicant’s vehicle, Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360, without compliance with extant laws, or without a Court Order or a Search Warrant or Warrant of arrest, or without a reasonable suspicion of an offence having been committed or is being committed, is in breach of her Fundamental Human Right to private and family life, as enshrined in Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.
“N200 million being damages for the detention and/or continued detention of her Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4)GBB86E26A044360 at the Nigeria Police, Zone 2 Force Headquarters, No. 2, Island Club Road, Onikan, Lagos, without a Court Order or compliance with extant laws, is in breach of her Fundamental Human Right, as enshrined in Sections 43 & 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.
“N5 million being damages for the following personal items and goods to wit: 5 nos Lace materials valued at N1, 975, 000 [One Million Nine Hundred and Seventy-five Thousand Naira); 9 Rolex wrist watches valued at N1,800,000 [One Million Eight Hundred Thousand Naira}; Costume Jewelry valued at N660,000 [Six Hundred and Sixty Thousand Naira); Gold purse valued at N240,000 [Two Hundred and Forty Thousand Naira]; Perfumes valued at N195,000 [One Hundred and Ninety-five Thousand Naira] and International passport; unlawfully removed from the Applicant’s car in the course of the unlawful removal of her vehicle from her residence/premises at 20, Community Road, Akoka, Lagos on the 18th day of April, 2023, without a Court Order or compliance with extant laws, is in breach of the Applicant’s Fundamental Human Right, as enshrined in Sections 43 & 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended 2023) with first to fifth alterations.”
Parts of the business woman’s aveerments in affidavit in support of the suit reads: “that I am the owner of Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; Chassis No. 4JGBB86E26A044360, hereinafter referred to as “my car”. And that I bought my car on the 20th day of September, 2021, and was duly issued Proof of Ownership Certificate by the Federal Republic of Nigeria.
“That I was also issued the following documents: Ministry of Transportation, Lagos Computerized Vehicle Inspection Referral Note Number 092022085525; National Certificate of Roadworthiness, Lagos State issued on the 20th day of September, 2021. Attached and marked Exhibit AG3 is a copy of the said document; Lagos State Government Motor Vehicle Administration Agency (MVAA] Allocation of Registration Number with Serial No. 20/0664105. Attached and marked Exhibit AG4 is a copy of the said document; Sales Receipt of vehicle purchase issued by Goodday Motors issued on the 20th day of September, 2021; Certificate of Insurance with Policy No: POL/PM/2021/09/33247 issued by NICON Insurance Limited.
“That at about 7:00am on the 18th day of April, 2024, one Mr. Taiwo Adeleke, a staff of the 5th Respondent and about 20 heavily armed policemen, broke into my residence at 20, Community Road, Akoka, Lagos, asking to see one Mr. David Irabor Abhulimen, who at that time was living with me, and was my friend.
“That | told them that the said Mr. David Irabor Abhulimen, hereinafter referred to as “Mr. David” was not available, and requested to know from the policemen from what unit they are from. And that I was informed by Mr. Taiwo Adeleke who accompanied the said policemen, and I verily believed him that they were from the Nigeria Police, Bariga Police Station, Bariga, Lagos State.
“That they demanded to conduct a search of my house, which I refused because they did not come with a Search Warrant as required by law, pursuant to which they left.
“That I left them and shut my door to go back to bed to sleep, as I was sick and was on medication. And that shortly after | laid down on my bed, | heard commotion downstairs, and to my surprise, my car was being towed by the said Mr. Taiwo Adeleke of the 5th Respondent and the policemen, who told me to meet them at Bariga police station.
“That at the point of towing my car, I was surprised at the increase in number of the policemen, and demanded to know from them what Mr. David was wanted for, to necessitate my car from being towed and seized. And that when I called Mr. David on the phone, he informed me and | verily believed him that he got his lawyer, Oladipo Orisanusi & Co., Legal Practitioners of 20, St. Finbarr’s College Road, Akoka, Lagos, to petition the State Criminal Investigation Department, Panti, Lagos, and promised to recover my car and properties, to wit; 5 nos Lace materials valued at N1,975,000 [One Million Nine Hundred and Seventy-five Thousand Naira}; 9 Rolex wrist watches valued at N1,800,000 [One Million Eight Hundred Thousand Naira]; Costume jewelry valued at N660,000 [Six Hundred and Sixty Thousand Naira]; Gold purse valued at N240,000 [Two Hundred and Forty Thousand Naira]; Perfumes valued at N195,000 [One Hundred and Ninety-five Thousand Naira] and International passport.
“That I submitted my own petition against the 5th respondent and the policemen from the Nigeria Police, Bariga Police Station, Bariga, Lagos State, which petition was addressed to the Deputy Commissioner of Police, SCID, Panti, Lagos.
“That consequent upon my petition to the Deputy Commissioner of Police, SCID, Panti, Lagos, the 5 respondent was told to go and bring the vehicle, and I noticed that a fake engine no. 50911222TR had been inscribed on my car, and my address and phone no. had been removed. And that upon discovery of these facts the police refused to hand over the said car to me, necessitating this application.
“That upon my petition to the Deputy Commissioner of Police, SCID, Panti, Lagos and the demand that the 5th respondent produce the car, the 5th Respondent informed the police that my car had been sold to one of their staff. And that when I found that my case wit to the State Criminal Investigation Department, Panti, Lagos was not making headway, I escalated the matter to the Office of the Public Defender, Lagos State, and the Office of the Office of the Attorney General of Lagos State.
“That consequent of the intervention of the Office of the Public Defender, Lagos State, and the Office of the Attorney General of Lagos State, my car was eventually recovered in January, 2025, after the matter had been transferred there, and is presently been handled by the 3rd & 4th Respondents.
That till date, my car is wasting away, as same is parked unused at the Officers’ Mess of Zone 2 Force Headquarters, No. 2, Island Club Road, Onikan, Lagos. And that pursuant to my private enquiry from Mr. David, he informed me and I verily believe that he had fraudulently used forged car documents with Registration No. LND 518 HG; Chassis No. 4JGBB86E26A844360; Engine No. 4JGBB86E26A844360; to obtain a loan from the 5th Respondent.
“That Mr. David informed me and I verily believe that in order to surreptitiously recover the said loan, the 5th respondent resorted to selfhelp, by employing some policemen to forcefully seize my car, believing same to be that of Mr. David, and know that we all live together. And That in spite of my repeated demands, the respondents refused to return my car.
“That I instructed my Solicitor, A. G. Giwa-Amu, Esq, to write a letter of demand to the respondents, to deliver up and hand over my car to me, and I verily believe that he did same. And that till date, the respondents have failed to give my car back to me. And that the said registration number and Chassis number of the documents given to the 5th respondent by Mr. David do not collaborate at and are not the same with mine.
“That except this Honourable Court makes an Order releasing the car to me, either unconditionally or on bond, the car shall perish, leaving me in huge financial loss.
“That I hereby undertake that if this application is granted, I shall produce the said car in Mercedes Benz SUV; Colour Black; Registration No. LND 909 HE; chassis No. 4JGBB86E26A044360, whenever wanted by the police or by this Honourable Court.
“That I am presently not in the position to buy another car. And that my car is my only source of income and my family source of movement. And that I stand to suffer unquantifiable damage if this application is not granted.”
While all the respondents are yet to file any counter to the suit despite being served, no date has been fixed for the hearing of the suit