Rights infringement: Court awards N10m damages against police, businessman

A Federal High Court sitting in Ikoyi, Lagos, presided over by Justice Ibrahim Ahmad Kala, has awarded N10 million in damages against the Nigeria Police Force and businessman Kazeem Gbadamosi Eletu for threatening Prince Toluwaleke Megba’s fundamental rights in a protracted land dispute.

The court delivered the verdict in suit number FHC/L/CS/1306/2024.

Justice Kala ordered the police, cited as the first to third respondents, to pay N5 million, while the fourth respondent, Eletu, was ordered to pay another N5 million to the applicant.

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 from further inviting, threatening, harassing, intimidating, arresting, or detaining Megba over allegations of fraud and forgery connected to the disputed land.

Justice Kala held that the respondents’ actions—including the alleged invasion of Megba’s residence and threats of arrest—constituted an infringement on his fundamental rights to the dignity of the human person and personal liberty, as guaranteed under Sections 34(1) and 35(1) of the 1999 Constitution (as amended).

The legal battle stemmed from a land dispute in which Megba had previously obtained judgment in his favour at the Lagos State High Court.

The earlier judgment, delivered by Justice Obadina on March 9, 2017, in suit LD/2533/2010, affirmed Megba as the lawful owner of the disputed parcel of land.

Arguing the applicant’s case, Megba’s counsel, D. C. Kemdirim, told the court that despite the subsisting High Court judgment, the police, acting on a petition by Eletu, repeatedly summoned and harassed his client over the same property.

He alleged that armed police officers attempted to arrest Megba with handcuffs at his residence on May 7, 2024, without an arrest warrant.

Consequently, Megba sought a declaration that the actions were unlawful, an order of perpetual injunction against the respondents, a public apology published in two national newspapers, and damages of N1 billion against the police alongside N500 million against Eletu.

In their defence, the first to third respondents, represented by counsel Sternly Mba, argued that their actions were part of a lawful investigation into allegations of forgery and fraud, contending that the Police Act 2020 empowers officers to investigate criminal complaints.

Similarly, counsel to Eletu, A. A. Kilani, denied any wrongdoing by his client, maintaining that Eletu merely exercised his civic right to report suspected criminality and that the deed of assignment relied upon by Megba contained irregularities that warranted investigation.

Delivering judgment, Justice Kala held: “The cumulative substance of my findings is that the collective actions of the respondents, jointly and severally, have indeed likely breached the fundamental rights of the applicant without any legal justification.”

The judge ruled that the constant invitations, harassment, threats of arrest and detention, including the invasion of the applicant’s residence on May 7, 2024, over allegations arising from title to the land already settled in suit LD/2533/2010, amounted to an unlawful threat and breach of Megba’s fundamental rights, rendering them null and void.

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On the quantum of damages, Justice Kala declined to grant the N1.5 billion claim, noting that no case of grave misconduct warranting exemplary damages was established.

“Upon a calm review of all the facts and circumstances, I cannot see any reprehensible or harsh or such grave misconduct.

“I hold, therefore, that the applicant has not made out any case for the award of exemplary damages.

“Accordingly, I award the sum of N5 million against the Nigeria Police Force and an additional sum of N5 million against the 4th respondent, all in favour of the applicant,” the judge held.