By Lukman Olabiyi
Justice Wasiu Animahun of the Lagos State High Court, Epe has restrained the Inspector General of Police (IGP) and six others, their officers, men and agents from arresting, detaining or inviting Otunba Abduwasiu Musa-Adebamowo, whether individually or collectively, in connection with a dispute on the headship of Ewade Ruling House of Igboye.
The IGP was also restrained from doing or taking any action against his powers and rights of management of the family landed properties in Abapawa, Gbojuwara, Talase, Idotun and Legumo villages of Igboyeland, in Epe Eredo, Lagos State.
The judge issued the restraining orders while delivering judgment in a suit EPD/15044MFHR/2023 filed by the applicant, -Otunba Musa-Adebamowo. He said the order will subsist until the determination of the suit on which the order of injunction was made.
Others restrained by the order of injunction by the court included the Assistant Inspector-General Of Police (Force CID Annex, Alagbon Close, Ikoyi, Lagos State); Assistant Inspector-General of Police (Zone 2 Headquarters, Onikan, Lagos State); Commissioner of Police (Lagos State Command, Ikeja); Commissioner of Police (Special Fraud Unit) Milverton Road, Ikoyi, Lagos State); Deputy Commissioner of Police (State Criminal Investigation Department, Panti, Yaba) and the Area Commander, Nigeria Police Force (Area J Command, Elemoro, Lagos State), who were listed as second to seventh defendants in the suit.
The court granted an order restraining the first to seventh respondents and their officers, men and agents from harassing, intimidating, inviting, arresting, detaining and compelling the applicant to render account of the management of the family landed properties to the eighth to 14th respondents under whatever guise or means, until the final determination of the suit.
Justice Animahun also made an order of injunction restraining the first to seventh respondents and their officers, men and agents from re-investigating the applicant on the same criminal allegation made against the applicant. by the eighth to 14th respondents and/or their privies and cohorts in respect of the management of the account of the family landed properties, until the determination of the suit in which an order of interlocutory injunction was made.
The eighth to 14th respondents, respectively, in the suit are Julius Adenuga Lawal; Caleb Adeleke Ogunnubi; Felix Olusegun Adekoya; Kayode Adebowale; Adedayo Victor Sunday; Musiliu Abiodun Musa; Sunday Abiodun Adebowale; Keshab Properties And Investments Ltd; Aviance Homes And Properties Ltd; and CMW Properties Limited.
The court made an order awarding N1 million in favour of the applicant against the eighth-17th respondents jointly and severally as general damages for the persistent breaches by the first to seventh respondents of the fundamental rights of the applicant to dignity of human person, personal liberty, right to fair hearing and freedom of movement.
A sum of N250, 000 was also awarded as cost of action jointly and severally against the eighth – 17th respondents. Hassan Fajimite and Bisiriyu Adeki appeared for the applicant while Aderemi Oguntoye and J. A. Agbo appeared for the 15th – 17th respondents. There was no legal representation for others during trial.
Justice Animahun, citing several authorities and decided cases, declared that “the series and unending invitations, unlawful harassment, intimidation and uncivilised humiliation, arrest and detentions of the applicant, by the officers of the Nigeria Police Force, in respect of and in connection with the dispute concerning and touching on the headship of Ewade Ruling House of Igboye, in Eredo Local Council Development Area of Lagos State and his powers and rights of management of the family landed properties in Abapawa, Gbojuwara, Talase, Idotun and Legumo villages of Igboye, Epe, Lagos State at the instances, instigations and upon malicious and unfounded petitions from and by the eighth — 17th respondents are illegal, unlawful and unconstitutional and a breach of the fundamental rights to dignity of human persons, personal liberty and freedom of movement of the applicant.”
The court also declared that the applicant, Otunba Abduwasiu Musa-Adebamowo, as head of Ewade Ruling House, Igboye, cannot be compelled by the first – seventh respondents to render account and/or submit family documents on the management of the family landed properties to the eighth — 14th respondents, especially when the same eighth – 14th respondents have filed several civil actions, namely, Suit No. EPD/10895LMW/2021: Chief Caleb Adeleke Okuboyejo & Ors v. Otunba Abdulwasiu Musa-Adebamowo & Ors, Suit No. EPD/8670GCMW/2022: Mr. Julius Adenuga Lawal v. OtunbaAbdulwasiu Musa-Adebamowo and Suit No. EPD/8996GCMW/2022: Otunba Abdulwasiu Musa-Adebamowo v. Mr. Julius Adenuga Lawal at the High Court of Lagos State, Epe Judicial Division, praying inter alia for orders for rendering accounts of the management of the family landed properties and dispute on the headship of the family until final determination of the suit, in which an order of interlocutory injunction was granted.
The court declared that the continued and unabated harassment and ill-motivated spirited efforts of the first to seventh respondents and their officers and men to compel the applicant as Head of Ewade Ruling House to render account on the management of family landed properties to the eighth – 14th respondents and/or be re-investigated in respect of same when initial investigation carried out by the second respondent had absolved the applicant of culpability, is unconstitutional, null and void by reason of the fact that the criminal allegation made against the applicant has been investigated by the Nigeria Police and reports on same has been submitted to the Director of Public Prosecution, Lagos State and whose reports has indicated that no prima facie case has been established against him.
The court declared that the continued and unabated instigation, procurement and use of the first to seventh respondents, their officers, men and agents by the eighth to 17th respondents to intimidate and compel the applicant to consent to the unlawful alienations and/or development or further development of the family landed properties in Abapawa, Gbojuwara, Talase, Idotun and Legumo villages of Igboye or any part, thereof, is unlawful, illegal, unconstitutional, null and void.