By Onozure Dania – Lagos
A businesswoman and attorney to Funmi Ade-Bank Anthony, grand daughter of late Chief Mobolaji Bank Anthony, Mrs. Irene Cole and seven others, have filed a N10million suit against the Inspector General of Police, Deputy Inspector General of Police, (FCID, Abuja) and seven others before a Lagos High Court over the infringement of their fundamental human rights.
Other applicants in the suit are Nurudeen Aiyedun, Lekan Fatoki, Rilwan Akinlabi Olanipekun, Rafiu Alade, Samson Salami, Ebube Amariwu, and Christian Amariwu.
The other respondents are Funmi Eguaoje (PPRO, Abuja), DPO Police station Lion Building, Lagos, Bisade Biobaku, Segun Jawando, Tunde and Bemil Nigeria limited.
The suit is sequel to the fight over the rightful executors of late Mobolaji Bank Anthony’s estate which is ongoing at the probate court, in suit LD/54379CMW/18.
The claimants are also asking for a public apology to be published by all the defendants jointly and or severally in two national newspapers for infringing on the fundamental rights of the applicants.
Cole in an application for enforcement of fundamental rights through her lawyer, David Ashaolu, said that the 2nd to 4th respondents and other police officers acted on behalf of and authority of the 1st respondent.
The applicant said that in suit No LD/54379CMW/18, the applicants are Irene Cole, Christian Amariwu, Nurudeen Aiyedun, Rilwan Akinlabi and Rafiu Olalekan, while the IGP, DIG, AIG, MBA Properties Limited, persons claiming to be trustees of the estate of Sir Mobolaji Bank Anthony deceased i.e Dr. Bolaji Kuti, Jide Williams, Abiola Reffell, Bisade Biobaku, Segun Jawando and Bemil Nigeria limited, are the respondents.
The 1st applicant said that the 4th respondent as represented by the 6th and 7th respondents entered into a development lease with the 5th respondent under which the estate of late MBA, would be entitled to two flats.
She said that the said MBA Properties Ltd and their representatives have refused to give the two to the estate.
The applicant who was appointed the lawful attorney to Funmi Ade-Bank Anthony, grand daughter of late Chief Mobolaji Bank Anthony, in that respect entered into the two ground flats at 29, Okotieboh Street, Ikoyi Lagos, on behalf of her principal, who is a beneficiary under the will.
According to her between October 23 and 24, 2019, the 1st applicant, a 75 year old woman, and the 2nd applicant, were locked out of the house, around 2p.m., by the officials of the 8th respondent and it took the intervention of the DPO of Onikan for them to gain access around 4a.m.
She further stated that on October 25, 2019, police officer from FCID Abuja working on alleged instruction of the 1st to 3rd respondents, arrested the 1st and 2nd applicants at Panti SCID, Yaba, Lagos.
The businesswoman, said that they were taken to the premises around 7p.m., ransacked the house and removed all the applicants’ belongings, then took them to Onikan police station, from there to Lagos Island police station at Mill street at 11p.m., the 1st and 2nd applicants were granted bail at 1a.m., the next day and detained the 3rd to 5th applicants and they later took them to Abuja.
The applicants also contended that the lease is forged, illegal and of no effect whatsoever as the estate of Mobolaji Bank Anthony cannot on its own validly assign land or enter into lease.
She is praying the court to declare that they are entitled to their personal liberty, freedom of movement, rights to the dignity of their persons, fair hearing and right to acquire and enjoy their property without molestation or intimidation as guaranteed by Sections 34,35,36, 43, 44 and 45 of the 1999 constitution.
*That they are asking for a further declaration that the continued, persistent, unrelenting invitation, threat of arrest and intimidation of the 1st applicant, by the 1st , 2nd, 5th and 6th respondents through the 3rd respondent, is flagrant breach of her rights to personal liberty, freedom of movement and fair hearing.