Justice Ibrahim Ahmad Kala of Federal High Court in Lagos has dismissed a fundamental rights enforcement suit filed by a businessman Mr Onyedika Eriobuna, against the Nigerian Police Force and three others over alleged harassment, repeated police invitations and threats of arrest, for being unmeritorious.
Dismissing the suit on Thursday, Justice Kala, held that the applicant failed to establish any violation or likely violation of his fundamental rights by the police.
The suit, marked FHC/L/CS/518/2026, was instituted by the businessman against the Nigerian Police Force, the Inspector-General of Police, an Assistant Inspector-General of Police and Mr Linus Igbokwe, also known as Linolinks Concept, listed as first to fourth respondents.
Eriobuna had approached the court seeking declarations that repeated police invitations and alleged threats of arrest violated his rights to personal liberty and freedom of movement.
He also accused the police of failing to investigate his complaint against Igbokwe while allegedly concentrating on a counter-petition filed against him.
The applicant told the court that the dispute arose from a N20 million foreign exchange transaction involving Igbokwe, his business partner in China and himself, alleged that the money was meant for the transaction but was not refunded.
The applicant had stated that, despite reporting the matter to the police, the authorities failed to diligently investigate his complaint rather, repeatedly invited him while allegedly allowing Igbokwe to evade police invitations.
He argued that the development disrupted his business and family life, causing psychological distress and intimidation.
Consequently, he sought an order restraining the police from further inviting, arresting, detaining or harassing him over the matter, as well as an order directing the police to pay him N2 million in damages.
However, the police and fourth respondents vehemently opposed the suit in their various counter-affidavits, and prayed the court to dismiss the suit for lacking in merit.
In dismissing the suit, Justice Kala after legally perusing all the arguments canvassed by the parties held that the applicant failed to provide sufficient evidence to establish that the police had violated his constitutional rights.
The judge while relying on Section 35(1) of the 1999 Constitution and relevant judicial authorities, held that the police possess constitutional and statutory powers to investigate allegations of criminal offences and invite persons connected with such investigations.
Justice Kala further held that Eriobuna, having reported the alleged transaction to the police, could not reasonably refuse to honour invitations aimed at obtaining his explanation.
The judge also added that courts should not shield individuals from legitimate police investigations, stressing that doing so could obstruct the administration of criminal justice.
Justice Kala consequently resolved the sole issue for determination against the applicant and dismissed the suit for lacking merit.