The Lagos State High Court sitting in Ikeja has dismissed a fundamental rights enforcement suit filed by two traders and union leaders at Alaba International Market, ruling that the Nigeria Police acted within its lawful mandate in inviting them for questioning.
Judgment Details
While delivering judgment, Justice Ismail Ijelu held that the applicants, Mr. Uchechukwu Chukwuma, also known as “Mayor,” and Mr. Alexander Jonah, failed to establish any breach or threat to their fundamental rights by the police. The applicants had dragged the Nigeria Police Force, the Inspector-General of Police, the Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department (FCID), Alagbon, and other officers to court, alleging harassment, intimidation, and threats of arrest over their roles as Chairman and Head of Task Force at the Fancy and Furniture Section of Alaba International Market, Ojo.
Applicants' Claims
The applicants' counsel, Dr. Yemi Omodele, argued that his clients were subjected to undue pressure and repeated invitations that disrupted their business activities. The traders sought declarations that the repeated police invitations, phone calls, and alleged threats violated their rights to personal liberty, freedom of movement, and association, as guaranteed under the 1999 Constitution and the African Charter on Human and Peoples’ Rights. They also asked the court to restrain the police from further inviting, arresting, or detaining them in connection with their market duties.
Police Response
However, the respondents, through their counsel Mr. Morufu Animashaun, opposed the application, insisting that their actions were based on a petition alleging serious offences, including conspiracy, fraudulent conversion, stealing, and threat to life arising from a dispute within the market. The respondents denied any form of harassment and intimidation, insisting that their engagement with the applicants was limited to lawful invitations carried out in a civil manner. Animashaun contended that the applicants' fundamental rights have neither been violated nor threatened. He added that the institution of the suit was an attempt to obstruct and frustrate legitimate police investigation, urging the court to dismiss the application.
Court's Ruling
Justice Ijelu in his judgment said that the central issue was whether the applicants proved any actual or imminent violation of their rights. He held that they did not. The court noted that while fundamental rights are constitutionally guaranteed, they are not absolute and may be lawfully restricted in the course of criminal investigations. Justice Ijelu found that the applicants were invited by the police as material witnesses due to their leadership roles in the market where the alleged incidents occurred.
“The facts disclose nothing beyond lawful investigative engagement carried out pursuant to the statutory powers of the Police,” the judge stated. He further noted that there was no evidence of arrest, detention, coercion, or abuse of power, adding that the applicants' claims were based largely on apprehension rather than verifiable proof. “The court will not act on conjecture or speculative assertions; police invitations for questioning do not, without more, amount to a breach of fundamental rights.”
The court held that the police cannot be restrained from performing their statutory duties based on mere allegations. “The applicants failed to prove any violation,” Justice Ijelu said. The court therefore dismissed the suit for lacking merit.
