IGP Kayode Egbetokun
A Federal High Court, Lagos, has ordered the Inspector General of Police (IGP) and seven others to maintain status quo, suspend and hold all actions pending the hearing and determination of the suits filed against them by a property developer, Gbadebo Aina Odunusi.
The trial judge, Abimbola Awogboro, also ordered that all the processes in the suit be served on the Head of the Legal Department of Police, Yetunde Cardoso, or any other officer in charge of the department of the Police, State Criminal Investigation Department (CID), Musiliu Smith Street, Panti-Yaba, Lagos.
The processes include originating motion on notice dated February 22, 2024, particularly the motion on notice for interlocutory injunction dated March 18, 2024, and all subsequent processes meant for 2nd to 5th respondents.
The 2nd to 5th respondents are the Commissioner of Police, State Criminal Investigation, Lagos State Police Command; Deputy Commissioner of Police, State CID; ACP Kassim Saheed and Supol Omololu Oni (O/C D18 Section) State Criminal Investigation, Lagos.
Other respondents listed in the suit are Dr. Kenneth Oni-Eseleh and Prof Afesimi Dominic Badaiki.
Justice Awogboro made the orders and many others, while ruling on an ex parte motion filed and moved by counsel to the property developer, in a suit marked FHC/L/CS/310/2024.
Justice Awogboro said: The applicant shall give an undertaking within seven days from today to pay damages in respect of any injury arising from the grant of this application in the event that this order sought herein ought not to have been granted.
Meanwhile, the judge adjourned the hearing of the substantive suit to April 23, 2024.
In the substantive suit brought before the court pursuant to Order II of Fundamental Human Rights Enforcement Procedure Rules 2009 and Sections 34(1), 35(1), 36(D) & 2 and 46 (1)(2) of the 1999 Constitution of Nigeria and the courts inherent jurisdiction.
The applicant is asking the court for a declaration that the complaint(s) of both 6th and 7th respondents or either of them against the applicant in respect of No 3, Elero Street, Araromi Street, Akesan, Igando, Lagos State to the 1st respondent (IGP) and all his agents, including 2nd respondent and all his agents, is purely civil and not criminal whatsoever to warrant the jurisdiction of the 1st respondent or any officer acting on his behalf.
That the 1st respondent, his officers or anyone acting on his behalf are barred from any purported investigation bordering on the complaint of the 6th and 7th respondents or either of them to the 1st respondent or any of his officer in any part of Nigeria or anyone acting on his behalf in respect of No 3, Elero Street, Araromi Bus-stop, Akesan, Igando, Lagos State in view of the decision of His Honour, Adebukola A. K. Dosunmu- Othman of the Chief Magistrate Court sitting at Court 2. Ejigbo, Lagos State delivered on January 31, 2024.
That parties to a dispute, whether civil or criminal, are bound by the decision of a court of competent jurisdiction, which both disputing parties voluntarily submitted to for adjudication on this dispute except either of them wish to appeal the decision.
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