Court Fixes Feb. 14, for Judgment In Forex Trader’s Suit Against IGP, Others
Justice Muslim Sule Hassan of a Lagos Federal High Court, has fixed February 14, 2021, for judgment, in a fundamental rights enforcement suit, filed by a Forex trader, Mr. Obiade Johnbosco Sunday, against the Inspector-General of Police (IGP) and the Deputy Commissioner of Police, Force Criminal Investigation Department (ForceCID) Headquarters Annex, Alagbon, Ikoyi-Lagos.
Justice Hassan fixed the judgment day, last Thursday, after the Forex trader’s counsel, Chief Abdullahi Anthony Dania, moved the application.
In urging the court to grant his client’s requests, as stated in the motion on notice, Chief Dania told the court that none of the respondents filed any counter to the suit, despite being served with all the processes.
The presiding judge, upon listened to the submissions of the counsel and having observed that the respondents were properly served, permitted the counsel to move the application and adjourned the matter till February 14, 2021, for judgment.
The Forex trader, Mr. Obiade Johnbosco Sunday, had dragged both the Inspector-General of Police (IGP) and a Deputy Commissioner (DC) of the Force Criminal Investigation Department (ForceCID) Headquarters Annex, Alagbon, Ikoyi-Lagos, for breaching his fundamental rights, by detaining him for two weeks, over a civil matter and without any court order.
The applicant in the suit marked FHC/L/CS/1595/2020, is asking the court for an order compelling the respondents to pay him the sum of N5 million, for general and exemplary damages suffered by the him as a result of the wrongful actions taken against him by the respondents.
He is also seeking an injunction restraining the respondents from further arresting or re-arresting and detaining him for any matter connected with the facts of this proceed and unless or until this court directs otherwise. And a declaration that his arrest and detention since November 11, 2020, over alleged simple commercial transaction, was wrong and improper and without lawful justification and Order of Court, which he said contravened Section 35 of the 1999 Constitution of the Federal Republic of Nigeria as Amended and Article 6 of the African Charter on Human and Peoples Rights (Ratification and Enforcement Act).
The plaintiff in affidavit in support of the suit, deposed to by Timothy Ovu Chima, a counsel in the law firm of counsel to the plaintiff, stated that he was informed by one Mr. Nnaemeka Amushi, a friend to the plaintiff, at 228 Fola Jlnadu Crescent, Gbagada Estate Phase 1, Lagos, on November 14, 2020, they wrote a letter to the Police Force CIID Alagbon Annex, Ikoyi, Lagos, protesting the continuous detention of our Client, yet, but it fell on deaf ears.
He stated that the applicant had a simple commercial transaction with one Mr. Nonso, over some Forex exchange transaction and both parties had disagreement. Adding that upon the disagreement of parties, the plaintiff initiated a Complaint at the ForceCID Headquarters, Alagbon Annex, Ikoyi, Lagos, and Mr. Nonso was Invited.
He stated that the said Mr. Nonso admitted and agreed that the transaction was civil and parties should settle right there at the Police Station. He added that while the parties still exploring settlement, the defendants directed his men to arrest me plaintiff, who brought the complaint to the Police.
He stated that there was no counter complaint or petition against the plaintiff and that the matter is pure civil, based on simple commercial transaction. Further stated that the defendants have continued to detain the Applicant without any lawful justification, just to extract money from him,and forcing him to give them money that he does not have.
He averred that the defendants have meted out so much inhumane treatment against the plaintiff and continued to subject him to mental torture, disrupted his business and kept him from his family and denying him access to his lawyer.
The deponent also stated that the police being not an agent of money recovery and having no right to ask the plaintiff to pay them any money before they release him, as also made all efforts fruitfulness to get him release through administrative ball.