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By Onozure Dania

A Federal High Court sitting in Lagos, yesterday dismissed an N50million fundamental rights enforcement suit filed by a businesswoman, Omotosho Omolara, against the Inspector-General of Police and five others, for lack of jurisdiction to entertain the matter.

Justice Nicholas Oweibo, also ordered the businesswoman to pay the sum of N30, 000, each to four of the respondents in the suit.

The judge struck out the suit and awarded the cost against the businesswoman after going through the counter-affidavit filed and argued by Barrister Morufu A. Animashaun, of the legal department of Force CID, Annex, Alagbon-Ikoyi, Lagos.

Omotosho had dragged IGP, Commissioner of Police, General Investigation Unit, Force CID, Alagbon; Superintendent Abiodun Bamgboshe; Tajudeen Oladega; Peter Odey and Olujimi Bucknor, for breaching her fundamental rights in a suit marked FHC/L/CS/215/2018, as first to six respondents.

The applicant, in the suit, through her lawyer, J. J. Akinrotimi, had asked the court for declaration that the Nigerian Police does not enjoy any legal right to dabble into or interfere in civil matters clothing same criminal and as such illegal, resulting in flagrant breach of the constitutional duties endowed them under the laws of the Federal Republic of Nigeria.

A declaration that the Nigeria Police and its officers of whatever level, lacks the right under the laws of the Federal Republic of Nigeria to constitute itself or themselves into a debt Recovery Agency or Agents.

A declaration that the action of the second and third respondents as agents of the first respondent, working in concert with the fourth, fifth and sixth respondents in their attempt to forcefully take possession and transfer same within themselves of vehicles viz: Black Toyota 4Runner with Chasis No.JTEBU14R06010491.

Silver Toyota 4Runner with Chasis No: JTEXUSJR8A500 and Mack Truck with Registration details BG6M111AGFBO22549, are unlawful and a flagrant breach of the Applicants rights of ownership in law or right of lien is(sic) the said vehicles.

However, the first to third respondents through their Counsel, Animashaun and Mr. Adeleke Adepoju, Counsel to sixth respondent, in their counter affidavits asked the court to dismiss the suit for lack of jurisdiction.

Delivering judgment in the suit, Justice Oweibo held, “I have studied the reliefs sought by the applicant.

“I notice that in none of the reliefs is the Section of the Constitution contravened mentioned, thereby leaving it to the court to guess which Section a claim is coming under. Even at that, it is difficult to fix reliefs a, b, c, e and f, which appear to be the principal claims, into any of the sections of Chapter IV of the Constitution.

“In relief, the applicant is alleging not being given an opportunity to state her own side of the story. This may come up under section 36 of the Constitution, but as stated in the case of Emeka vs. Okoroafor (2017) LPELR41/738) (SC), the provisions of fair hearing guaranteed in Section 36 should be related to proceedings in court or tribunal established by law.

“l entirely agree with the Respondents that the claims of the Applicant cannot be adjudicated as an enforcement of fundamental rights. Accordingly, this court lacks the jurisdiction to entertain same. In line with Order 8 rules 5 and 6 of the Fundamental Rights (Enforcement Procedure) Rules 2009 this application is struck out.

“I award cost of N30, 000 in favour of the first, second and third Respondents and N30, 000 in favour of the sixth respondent”.