Justice Ibrahim Ahmad Kala of a Federal High Court in Lagos has awarded a total sum of N10 million in damages to Prince Toluwaleke Megba, against the police and a businessman, Kazeem Gbadamosi Eletu, over threats to his fundamental rights in a land dispute.
Justice Ibrahim Ahmad Kala, who delivered the judgment on October 22, 2026, ordered the Nigeria Police Force and the fourth respondent, Kazeem Gbadamosi Eletu, to pay N5 million each to Megba.
The court also restrained the Inspector-General of Police, the Assistant Inspector-General of Police, Zone 2 Command, Lagos, Assistant Superintendent of Police Adewunmi Oderinwale and Eletu, who were listed as first to fourth respondents in the fundamental rights action, from further inviting, threatening, harassing, intimidating, arresting or detaining Megba over allegations of fraud and forgery relating to the disputed land.
In making the above orders, Justice Kala held that the respondents’ actions, including the alleged invasion of Megba’s residence and threat of arrest, constituted a threat to his fundamental rights to dignity and personal liberty.
The suit, marked FHC/L/CS/1306/2024, arose from a protracted land dispute in which Megba had secured a judgment in his favour against Eletu and another person at the Lagos State High Court.
The earlier judgment, delivered by Justice Obadina on March 9, 2017, in suit LD/2533/2010, concerned the ownership of a parcel of land.
Megba through his lawyer, D. C. Kemdirim, had approached Justice Kala’s court, alleging that the first to third respondents who were acting on Eletu’s complaint, repeatedly invited and harassed him over the same land dispute despite the previous court judgment.
He further alleged that armed police officers attempted to arrest him with handcuffs at his residence on May 7, 2024, without a warrant.
He therefore asked the court to declare the alleged actions unlawful, restrain the respondents from further harassment, compel them to publish an apology in two national newspapers and award N1 billion in damages against the police respondents and N500 million against Eletu.
In defending their actions, the first to third respondents (the police) through their lawyer, Sternly Mba, an Assistant Superintendent of Police (ASP), argued that their actions were part of a lawful investigation into allegations of forgery and fraud, while maintaining that the Police Act 2020 empowered officers to investigate criminal complaints and make arrests where legally justified.
The fourth respondent, Eletu, through his lawyer, A. A. Kilani, also denied wrongdoing, arguing that he had merely exercised his right to report suspected criminal conduct to the police.
Eletu’s counsel also maintained that the disputed deed of assignment contained irregularities warranting investigation, including questions surrounding the identity and role of a person named in the document.
In deciding the dispute, Justice Kala held that: “the cumulative substance of my findings from the above is that the collective actions of the respondents and severally has indeed, likely to breach the fundamental rights of the Applicant without any legal justification and thus, resolve the sole issue for determination in this application in the positive.
“This directly translate to mean that the applicant is entitle to protection of his fundamental rights that is in the eminent risk or danger of being abused and trample upon by the Respondents as potentials co-tortfeasors, if not intervene by this Honorable Court and quickly restrain.
“Accordingly, it is hereby orders that the constant invitation, harassment, threat of arrest and detention of the Applicant including invasion to his house on Tuesday the 7th of May, 2024 by the 1st- 3rd Respondents at the behest of the 4th Respondent over complaint of forgery and fraud arising from dispute over title to the plot of land covered by Judgement of Obadina, j., of High Court of Lagos State in Suit No LD/2533/2010 delivered on 9th March, 2017 constitutes a threat and likely breach or infringement of the Applicant’s Fundamental rights dignity of human person and right to personal liberty as guaranteed and protected by Sections I4(1) and 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Articles 6, 9 and 14 of the African Charter on Human and People’s rights Ratification and Enforcement Act Cap 10 Laws of the Federation (LFN) 2004 and therefore unlawful, illegal null and void.
“That the respondents are hereby restrain jointly and severally, with their agents, servants or privies from further inviting, threatening, harassing, intimidating, arresting, and or detaining the applicant, or interfering in any way with the applicant’s rights over any facts of complaint of fraud or forgery touching on or relating to dispute over title to the plot of land covered by Judgement of Obadina, J., of High Court of Lagos State in Suit No LD 2533 2010 delivered on 9th March, 2017.”
On the total sum of N1.5 billion damages sought by the applicant, Justice Kala ruled that: “upon a calm review of all the facts and circumstances as shown in the affidavits, I cannot see any reprehensible or harsh or such grave misconduct made out against the respondents by the applicant. I hold, therefore, the applicant has not made out any case for award of Exemplary Damages against the Respondents.
“Accordingly, I award the sum of N5 million against the Nigeria Police Force (represented by 1st, 2nd and 3rd Respondents) in this case, and an additional sum of N5 million is awarded against the 4th Respondent, being the co-tortfeasor all in favour of the Applicant.”