Court Restrains Police, Others From Arresting 3 Men Over Business Deal 

Justice Yelim Bogoro of a Lagos Federal High Court, has restrained the men of Nigeria Police, and three others from arresting three businessmen, pending the hearing and determination of their fundamental right enforcement suit filed against them.

Those affected by the restrained orders made by Justice Bogoro are: Assistant-inspector-General of Police, Zone 7, Abuja; ACP Okebechi G. Agora; Edward Ahule and United Bank For Africa Plc.

The three businessmen protected by the interim of of the court are: Joseph Oghenechuko Muagba: Mr. Mike Muagba and Mr. Christian Usino.

Justice Bogoro’s interim order was on January 30, 2023, sequel to an Exparte Application filed and argued by the three businessmen’s lawyer, Mr. Esezoobo O Johnson.

The businessmen’s lawyer had approached the court with a Motion Ex Parte dated January 26, 2023 but filed on January 27, 2023, for an interim order of injunction restraining all the respondents, jointly and severally whether by themselves, their agents, servants, subordinate officers and or privies, however called or described from inviting or enforcing, through telephone, written or WhatsApp Invitation to meet them or the second respondent or any other officer or officers for an interview of or for any purpose whatsoever pending the hearing and or determination of the substantive suit.

Justice Bogoro after listening to the counsel to the businessmen, held that: “I have considered the Ex-parte application before the Court. I have equally considered the affidavit in support, the affidavit of urgency and the Written Address. I have also considered the Exhibit “A” attached to the affidavit. 

“Having considered all this, I find merit in the application and I grant the application. I hereby make this Order. 
 “That an Interim Order of Injunction is hereby made restraining the 2nd respondent jointly and severally, whether by themselves, their agents, servants, subordinate officers and or privies from arresting and detaining the Applicants pending the hearing and determination of this Suit.” 

The judge however held that “by this Order this Court has not and shall not estopp the respondents from inviting the applicants for any further interview or investigation pending the hearing and determination of the Suit.”

Meanwhile, Justice Bogoro has adjourned till April 9, 2023, for report of Service of the court’s orders and all processes in the substantive suit on all the respondents. 

The businessmen’s in their substantive suit marked FHC/L/CS/111/2023, brought before the court pursuant to Order 2(1), (2) & (3) and 5 Of The Fundamental Rights (Enforcement Procedure) Rules 2009 and Human And Peoples Rights Ratification Act Cap 49 LFN 2004; and Section 46 of the Constitution Of The Federal Republic of Nigeria 1999, (as amended) are asking the court for the following reliefs: “a declaration that the various telephone calls and invitations on the first applicant by the fourth respondent from the months of August to September 2022, wherein the fourth respondent variously threatened arrest and detention of the first applicant constitute an unlawful violation of the first applicant’s fundamental right to his personal liberty and dignity of his person guaranteed by Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 as mended.

“A declaration that the action of the respondents in freezing the first applicant’s various personal and Business Accounts with the various Banks without cause is an unlawful violation of the first applicant’s fundamental right to a fair hearing as well as of the fundamental right to his private property guaranteed respectively by Sections 36(1) and 44(1) of the Constitution Federal Republic of Nigeria 1999 as amended and Articles 3, 4 and 5 of the Human and Peoples Rights Ratification Act.

“A declaration that the action of the first, second, third and fourth respondents in falsely procuring an Order of the Area Court of the Federal Capital Territory, Abuja to access the first applicant’s accounts with the various Banks including fifth respondent, is violation of the applicant’s fundamental right to his privacy guaranteed by Section 37 of the of the Constitution of the Federal Republic of Nigeria 1999 as amended and Article 4 of the Human and People’s Rights Ratification Act.

“A declaration that respondents have no right or power under any law to arrest and detain the applicants for any reason whatsoever save for a known criminal offence defined by law which is under lawful investigation by the first, second, third and fourth respondents, as such the respondents’ arrest and detention of the first applicant from September 22 to 24, 2022, for purpose of recovering the sum of N1.7million ostensibly to pay off his business partner, one Mr. Victor Ajamekwe who is based in South Africa is a gross violation of the applicant’s fundamental right to freedom of movement guaranteed by Section 41(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended and Articles 3, 4 and 5 of the Human and Peoples Rights Ratification Act.

Alternatively: they asked the court for “a declaration that the action of the respondents in freezing the first applicant’s accounts with UBA Plc, for purpose of recovering from him the sum of N1.7million allegedly owed his business partner, Mr. Victor Ajamekwe who is based in South Africa, upon a fictitious petition by a lawyer, amounts to an unlawful deprivation of the first applicant’s fundamental right to his property guaranteed by Section 44(1) of the Constitution Federal Republic of Nigeria 1999 as amended.

“A declaration that the arrest and detention of the first applicant by the respondents from September 22 to 24, 2022, first at the fourth respondent office at Ojodu Police Station, Lagos State and subsequently at the second respondent’s office at Abuja from September 23 to 24, 2022 constitutes an unlawful violation of the first applicant’s fundamental right to respect for the dignity of his person as well as not to be subjected to inhuman or degrading treatment and his fundamental right to his personal liberty both guaranteed by Sections 34(1) and 35(1) of the Constitution Federal Republic of Nigeria 1999 as amended and Articles 4, 5, 6 and 7 of the Human and Peoples Rights Ratification Act. 

“A declaration that the first applicant is entitled to a refund and the respondents are liable jointly and severally to pay the first applicant the sum of N1.7 Million as special damages which the respondents unlawfully extorted from the first applicant ostensibly to pay off Mr. Victor Ajamekwe who is based in South Africa.

“An order of payment of N250 million only, by the respondents jointly and severally for unlawful deprivation of the applicants fundamental rights guaranteed by Sections 34, 35, 36(1), 37, 41 and 44(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended as well as Articles 2, 3, 4, 5, 6 and 7 of the Human and Peoples Rights Ratification Act. 

“A declaration that the bond executed by the second and third applicants upon which the respondents released the first applicant to the said second and third applicants on bail on September 23,2022 when the first applicant was not being investigated for any criminal offence or being required to be arraigned before a Court of law for prosecution for any crime is unconstitutional, illegal null and void and incapable of imposing any obligation on the second and third applicants to produce the first applicant before the respondents at any time.

“A declaration that the telephone calls on the applicants by the respondents inviting the second and third applicants to produce the first applicant or to come to their office on account of the bail bond they executed on the September 23 2022 to secure the release of the first applicant from Respondents’ custody constitutes an unlawful threat of a deprivation of the fundamental rights to liberty and dignity of their persons guaranteed by Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 as amended as well as undue harassment and  intimidation of the applicants.

“An order of perpetual injunction restraining the first, second, third and fourth Respondents by themselves, their servants and agents or privies however called from disturbing, intimidating and or harassing or interfering with the applicants’ right to their liberty through further threat or invitation, arrest, detention or unnecessary invitation or interrogation or in any way or manner whatsoever. 

The applicants in their verifying affidavit deposed to by the first applicant, Joseph Oghenechuko Muagba, stated that he is a businessman, who is Into building and construction, and trading under the name and style of Tavote Nigeria Enterprises, and that on or about April 15, 2022, had a contract with one Victor Ajamekwe who is based in South Africa, to build a structure code named ‘Issac Ajamekwe Project’ for him in his Aji village in Orlu, Imo State, for which he issued an Estimate with an invoice which was duly accepted by the said Victor Ajamekwe.

The first applicant stated that the said Victor Ajamekwe made a deposit of N3 million and he commenced work on the construction without any problem. But sometime in August 2022, he received a telephone call from one Edward Ahule, (fourth respondent) in the case, inviting him to the office of the second respondent to answer to an alleged petition against him by an unknown person and for an undisclosed crime.

He stated that frightened by the calls, he, who was having health issues, requested for a written invitation and a grace period of two weeks to attend to the invitation but the fourth respondent refused his request and threatened to use force to arrest and detain him whereupon the Applicant engaged the services Messrs J. Odion Esezoobo & Co., for advice and follow up on the menacing telephone invitation.

He stated that between August and September 2022, the fourth respondent acting for self and on behalf of the first, second and third respondents, treated him to telephone harassment with scary threats of arrest and detention. And that on or about September 22, 2022, the fifth respondent (UBA Plc) refused to honour his internet/electronic and other banking transactions whereupon the applicant went to the Bank to complain about the dishonouring of his banking transactions with the fifth respondent. And that upon getting to the Ojodu Branch of the bank, the he was arrested by the fifth respondent without a warrant and for no reason, and against all protestations, expecting an explanation, he was taken to the Ojodu Police Station, Lagos State where he was detained by the Divisional Police Officer (DPO), also without a warrant and for no reason at all.

Further to the detention, the first applicant stated that he sought to call his Solicitors, Johnson O. Esezoobo, who spoke with the DPO who said they had a Banker’s Order from an Area Court at Abuja, to arrest and detain him whereupon the Solicitors sent one of the lawyers in Chambers, Phillip Isagua, to the Police Station to secure applicant’s bail but failed. And that on or about September 23, 2022, some men and officers of the first and second respondents, including the fourth respondent, came down from Abuja to Lagos to whiskey away the applicant from the custody of the second respondent DPO to the second respondent’s office at Zone 7, Wuse Zone 3 Abuja.

The first applicant further stated that at the second respondent’s office at Abuja the respondents called in an unidentified lawyer who allegedly wrote the petition the respondents claimed they were investigation and subjected the first applicant to an intense interrogation on his building contract relationship with his business partner, Mr. Victor Ajamekwe who is based in South Africa for whom the first applicant was building a house as aforesaid whereupon he answered that the project was going and there was no problem.

He averred that notwithstanding his explanation that he had no problem with the said business partner, the owner of the project, who is based in South Africa, the said men and officers of the first, second and third respondents including the fourth respondent, forcefully extracted the sum of N1 million from the him after which they released him on bail to his junior brother, Mike Muagba and his friend Usino Christian upon a bond duly executed by both to abide the full payment of the sum of N1.7 million by him on the following day, September 24, 2022.

The first applicant stated that after having successfully extorted the sum of N1.7 million from him ostensibly to pay the business partner, Victor Ajamekwe, who is based in South Africa, the respondents released him whose health had completely broken down to his fate thereby exposing him to the danger of death after having unsuccessfully demanded money from him to process the lifting of the restrictions placed on his accounts by reason of their undisclosed Banker’s Order.

He stated that during the period of his arrest and detention from September  22-24, 2022, apart from the mental and emotional torture he as well as the anxiety over his personal safety he was subjected, he was left with grave anxiety about the fate of his family in Lagos. Adding that on or about September 28 2022, he caused his Solicitors, Johnson Odion Esezoobo, to write a letter to the fifth respondent to demand reparation for her acts of conspiracy with the first to fourth respondents in the arrest and detention of his person without any just cause and for breach of its contractual obligations to him as well as his fundamental right. 

In its reply to the 1st applicant’s demand, the fifth respondent who had failed to serve or show the first applicant a copy of the Banker’s Order of Court on which it purported to act on the 22nd of September 22, 2022 in arresting and detaining the him at the Ojodu Police Station to abide the arrival of men and officers of the 1st-4th Respondents on the 23rd of September 2022, wrote a letter dated 18th October 2022, to which it attached the alleged Banker’s Order of an Area Court upon which it purportedly acted in the arrest and detention of the applicant as well as in freezing the accounts.

He averred that upon a close view of the Order of the Area Court in the Federal Capital Territory Abuja, upon which it purportedly acted in violating his fundamental rights, the his Solicitors discovered irregularities in it such as that it was not signed by the Judge under whose hand it was allegedly issued which may have been the reason why the respondents refused to serve it or even show it to him at the time of the arrest and detention or throughout the exercise.

The first applicant stated that rather than addressing the complaints he put forward in his warning letters, the first to fourth respondents resorted to telephone calls on him and his Solicitor, Johnson O. Esezoobo, to both come over to their office at Zone 7 at Abuja ‘to make statement whereupon by his letters dated October 26, 2022 and October 31, 2022, further wrote to the first, second and third respondents to decline the telephone invitation and insist on his claim for reparation for unlawful deprivation of his fundamental rights. 

The first applicant stated that in further abuse of power and continuous exercise of impunity, the respondents further resorted to blackmail when they threatened to arrest his sureties namely, Mike Muagba and Christian Usino, now second and third applicants in the case for alleged failure and or refusal to produce him. Adding that by their telephone threats of arrest and detention, the respondents further put them to serious fear as to their personal security and safety and so frightened by them, they wrote through their Solicitors, Johnson O. Esezoobo, by letters dated respectively November 22 and 23, 2022, to the first and second respondents to protest the intimidation and blackmail. 

He averred that despite the various letters, the first to fourth respondents have continued to harass and intimidate the applicants by menacing telephone calls threatening to arrest them and detain or prosecute them for no known offence. And that in consequence of the continuous telephone harassment and intimidation by men and officers of the first and second respondents, the applicants who have continued to live in fear as to their personal liberty and safety caused their lawyer, Johnson O. Esezoobo, to write again on the 4th of January 4, 2023 to the first and second respondents to exercise caution.   

He states that based on the foregoing facts, the first applicant who feels humiliated, unduly violated and dehumanized from September 22-24, 2022, and yet is still being made to live in fear says that in all of these, he never committed any criminal offence either generally or in connection with any of his personal or business Bank accounts with the fifth respondent.

He stated that the respondents were never investigating him in connection with his activities with reference to his private or business accounts to warrant any investigation by the Police or any Security agency of the Government of Nigeria. And that at all times material to the case, the respondents have no statutory and or administrative power to arrest and detain him for purpose of settling any dispute between him and his business partner based in South Africa and to purport to grant him bail upon a bond executed by the second and third applicants.

Further to the foregoing, the first applicant stated that they are verily believe that the respondents were and are still in abuse of power in their actions of falsely procuring an Order of the Area Court of the Abuja, and freezing first applicant’s various accounts as well as arresting and detaining him and extorting the sum of N1.7million from him.

He stated that they are verily believe that the respondents are in abuse of power in their continuing to expose them to fear as to their personal liberty and safety by menacing them with telephone calls threatening to arrest detain and prosecute them.

Based on the above stated facts, the applicants claim entitlement to enforce their fundamental rights by virtue of and under Section 46(1) of the Constitution Federal Republic of Nigeria 1999 as amended and the African Charter of Human and Peoples Right Ratification Act in terms of the content of this statement.