Court Dismisses N100m Suit Against IGP, Orders Applicant To Pay Costs

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A Federal High Court, Ikoyi, Lagos, presided over by Justice Friday Ogazi, has dismissed a fundamental rights enforcement suit filed by Ogochukwu Ofodume against the Inspector-General of Police (IGP) and four others, citing lack of merit.

The court also ordered Ofodume to pay a total of ₦250,000 in costs to the respondents.

The suit, marked FHC/L/CS/2639/2023, had the IGP, Assistant Inspector-General of Police, Nigeria Police Force (INTERPOL), the Head of INTERPOL National Central Bureau, Superintendent of Police Omijie Bidemi, and Zhu Yan Qin, a Chinese national, as respondents.

Ofodume, through his counsel, Eze Okam, had sought various declarations and orders from the court, including ₦100 million in damages for alleged violations of his fundamental rights.

Ofodume alleged that his rights to personal liberty, freedom of movement, and dignity were violated by the police acting at the instigation of Zhu Yan Qin.

He claimed the dispute between him and the fifth respondent, Zhu, was a civil matter outside the jurisdiction of the police.

Ofodume sought the return of his international passport, an injunction restraining the police from further harassment, and the prohibition of any restrictions on his bank accounts.

The applicant also argued that his detention and the conditions of his bail were unlawful, asserting that his rights under the Constitution, African Charter on Human and Peoples’ Rights, and Universal Declaration on Human Rights were violated.

Represented by Barrister Morufu Animashaun, the police contended that their actions were lawful, as they were investigating criminal complaints against Ofodume for conspiracy, obtaining by false pretence, and stealing over ₦509 million.

According to the police, Ofodume allegedly defrauded Zhu Yan Qin in business transactions involving wax cloths and timber exportation.

In a counter-affidavit deposed by SP Omijie Bidemi, the police detailed that Ofodume had received goods worth over ₦298 million without payment and misappropriated ₦45.2 million meant for timber exports.

They further alleged that he diverted the proceeds from these fraudulent activities into personal projects, including real estate and textile businesses.

The police maintained that Ofodume’s fundamental rights were not violated, stating that his detention and the requirement to deposit his international passport were lawful measures during the investigation.

They also denied allegations of extortion or harassment.

Justice Ogazi, in his judgment, held that the applicant failed to prove his claims and dismissed the suit as an abuse of court process.

The court agreed with the police’s argument that their actions were within their constitutional mandate to investigate and prosecute crimes.

The judge also ordered Ofodume to pay ₦250,000 in costs to the respondents, emphasizing that the case was filed in bad faith to obstruct the criminal investigation.

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