From Godwin Tsa, Abuja
The Federal High Court in Abuja has scheduled May 17, 2025 for judgment in the N1 billion fundamental rights suit filed by President of the Nigerian Baptist Convention, Rev. Dr. Israel Akanji,6 against the Nigeria Police and several others.
In the fundamental rights enforcement suit marked FHC/ABJ/152/2025, Akanji is seeking redress over what he describes as a smear campaign, harassment, and rights violations following a petition accusing him of forging the constitution of First Baptist Church, Garki, Abuja, and misappropriation of church funds.
He listed the Nigeria Police Force, the IGP, Senior Officers of the Nigerian Police, including CP Ajani Musibau Omolabi and DCP Rita Oki Oyintare, and others, including petitioner Engineer Adekunle Mokuolu.
Meanwhile, in a counter affidavit filed in response to the suit, Adekunle Mokuolu (the 7th respondent), insisted that the police acted with the law by inviting the claimant.
Justice Obiora Egwuatu fixed the date after parties in the suit adopted their processes.
In the suit filed by his lawyer, Ovrawah Ogaga, SAN, the claimant is equally seeking among others a declaration that his invitation , arrest and detention on the 5th of June , 2024 by the 1st to 6th defendants as result of 7th respondent petition against him is wrongful , unlawful, illegal, unconstitutional and flagrant violations of his rights to his personal liberty.
Akanji also sought an order of injunction restraining 1st to 6th respondents from further inviting , wrongly arresting, molesting and detaining him on the account of the ‘false, baseless and malicious ‘ petition written by the 7th respondent among others Reliefs.
The applicant is demanding an order that the respondents pay, jointly and severally, the sum of N1bn being compensation and damages for the harassment and expenses suffered during the violations and deprivation of his fundamental rights.
However, in a court document sighted by our correspondent , Mokuolu ( 7th respondent) in a counter affidavit in opposition to the originating motion maintained that his petition was filed in good faith to address alleged abuse of office and financial irregularities against the church.
Mokuolu insisted that the Applicant was never arrested or detained as claimed but was released on bail based on self-recognition on the same day he was invited by the officers (1st to 6th respondents)
He dismissed Akanji’s claim of rights violation, noting that the matter has already resulted in criminal charges pending before the FCT High Court in Kwali in the suit marked CR/1045/24.
The 7th respondent told the court that granting the fundamental rights reliefs sought by Akanji would undermine ongoing judicial proceedings.
The respondent averred that the 1st to 6th respondents have a duty to investigate crimes and were only carrying out their duty by inviting the applicant to help with their investigation.
Mokuolu said it was untrue that he insisted that the 1st to 6th respondents invite the applicant to their office severally as he does not have the powers to control the way they carry out their duties under the law.
He also maintained that the applicant is not entitled to a hefty and deterrent cost as damages against the respondents who were carrying out their lawful duties.
Mokuolu asked the court to dismiss the motion as the interest of justice will not be served if the application is granted.
Efa Oka Counsel to the 7th respondent’s written address in opposition to the applicant prayed the court to dismiss the applicant’s case with substantial cost as “same is an attempt to shield himself from criminal prosecution.”
He argued that “the Applicant has not established that the complaint of the 7th Respondent which borders on an allegation of forgery and misappropriation of funds was done mala fide. “
Meanwhile, the trial judge, Justice Obiora Egwuatu, will deliver its ruling on May 17, 2025, on the suit marked FHC/ABJ/152/2925.
The former resident pastor of First Baptist Church, Garki, Abuja, Rev. Dr. Akanji was dragged before the Federal Capital Territory High Court, Kwali, over allegations of fraud to the tune of N620 million.
Dr. Akanji’s arraignment was stalled on March 20 due to the absence of the Prosecution Counsel in the charge marked CR/1045/24, which is before Justice J. A. Aina of the FCT high court.