IN THE HIGH COURT OF LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION

HOLDEN AT LAGOS

SUIT NO: ………………………….

IN THE MATTER OF AN APPLICATION BY DR. ABOLAJI OLALERE FOR AN

ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL HUMAN RIGHTS
TO DIGNITY OF HUMAN PERSON, PERSONAL LIBERTY AND FREEDOM OF
MOVEMENT AS ENTRENCHED IN SECTIONS 34, 35, 41 AND 46 OF THE 1999
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED)

BETWEEN:

1. DR. ABOLAJI OLALERE APPLICANT

AND

1. MR BOROFACE IDIAGBON
2. COMMISSIONER OF POLICE RESPONDENTS
3. DSP YERIMA SARAFADEEN

MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 34, 35, 41 AND 46 OF THE 1999
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, ORDER 2, RULE 2
OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURES) RULES
2009 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE
COURT

IN THE MATTER OF DR. ABOLAJI OLALERE, the Applicant

TAKE NOTICE that this Honourable Court shall be moved on the ___ day of _________,

2020 at the hour of 9 0’clock in the forenoon or so soon thereafter as the business of

the Court shall permit, hear the Applicant or his Counsel praying the Honourable Court

for an Order for the enforcement of his fundamental rights in terms of the reliefs

sought in the statement accompanying the affidavit in support of the application.

AND TAKE NOTICE that on the hearing of this application that the said application

rely on affidavit deposed to by DR. ABOLAJI OLALERE and exhibits therein referred

to (if any) and any other further affidavit.

DATED THIS ………………….. DAY OF ………………………. 2020

 Oluwasegun Odunsi Esq
Agbejule Owoyemi Esq
Omolola Ifeoluwa Esq
Applicants’ Counsel
Kingys Attorney
No 5A, Alabunkun Bus stop,
Sagem Area, Ologunfe, Lagos.
09165223419

FOR SERVICE ON:

1. 1ST RESPONDENT
Mr. BOROFACE IDIAGBON

2. 2ND RESPONDENT
Commissioner of Police
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State

3. 3RD RESPONDENT
DSP YERIMA SARAFADEEN
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
………………………….

IN THE MATTER OF AN APPLICATION BY DR. ABOLAJI OLALERE FOR AN

ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL HUMAN RIGHTS
TO DIGNITY OF HUMAN PERSON, PERSONAL LIBERTY AND FREEDOM OF
MOVEMENT AS ENTRENCHED IN SECTIONS 34, 35, 41 AND 46 OF THE 1999
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED)

BETWEEN:

1. DR. ABOLAJI OLALERE APPLICANT

AND

1. MR BOROFACE IDIAGBON
2. COMMISSIONER OF POLICE RESPONDENTS
3. DSP YERIMA SARAFADEEN

STATEMENT IN SUPPORT OF THE APPLICATION

BROUGHT PURSUANT TO ORDER 2, RULE 3 OF THE FUNDAMENTAL RIGHTS
(ENFORCEMENT PROCEDURES) RULES 2009 AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT

A. NAME AND DESCRIPTION OF THE APPLICANT

The Applicant is DR. ABOLAJI OLALERE, a business man and Academia of
Olalere Cresent, Idowu Avenue, Mosalasi Bus stop, Onikan Lagos Lagos State.

B. RELIEFS SOUGHT BY THE APPLICANT

(1). A DECLARATION THAT the arrest, detention, threat to humiliate,
further attempt to arrest and curtailing the freedom of movements of the
Applicant is wrongful, unlawful and unconstitutional as same constitute
breach of the Fundamental Right of the Applicant to the dignity of his
person.

(2). A DECLARATION THAT the arrest, detention, further attempt to arrest

and curtailing the freedom of movements of the Applicant at the behest of
the 1st Respondent amounts to a gross violation of the Applicant’s right to
personal liberty and his right to freedom of movement.

(3). A DECLARATION THAT the fact and circumstances giving rise to this
suit is purely a contractual agreement between the Applicant and the 1st
Respondent and as such civil in nature.

(4). A DECLARATION THAT the statutory duties of the 2 nd and 3rd

Respondents do not include delving into purely civil matters.

(5). AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents

whether by themselves, agents, privies or servants from violating the right
of the Applicant to the dignity of his person, as well as restraining them
 from arresting, detaining and curtailing the freedom of movement of the
Applicant and his right to personal liberty on this subject matter.

(6). AN ORDER for the sum of N5,000,000 (FIVE MILLION NAIRA ONLY)
as General Damages against the Respondents jointly and severally for
the financial, emotional and psychological trauma suffered by the
Applicant as a result of fear, humiliation and threat caused him by the
respondents.
(7). AN ORDER of this Honourable Court mandating the Respondents to
tender a public apology, to be published in two dailies, in favour of the
Applicant by the Respondents.

(8). ANY OTHER ORDER OR FURTHER ORDERS as the Honourable Court

may deem fit and proper to make in the circumstance.

C. GROUND FOR SEEKING RELIEF

1. The Applicants by the virtue of section 34, 35 and 41 of the 1999
Constitution of Federal Republic of Nigeria (as Amended) as well as Article
5 and 6 of African Charter on Human and People’s Right (Ratification and
Enforcement) Act Cap 10, Laws of Federation of Nigeria 1990 is entitled to
freedom of movement, personal liberty and right to dignity of human
person.
2. The Applicant’s rights to personal liberty, freedom of movement and right
to dignity of human person have been breached and it is likely to be
further breached as there are constant attempts by the 2nd and 3rd
Respondents to arrest, humiliate and subject the Applicant to inhuman
treatment at the behest of the 1st Respondent.

3. The Actions of the 2nd and 3rd Respondents are based on Mala fide
complaints made against him by the 1st Respondent.

4. The transaction giving rise to the complaint are purely contractual and
hence a civil transaction, in which all the financial obligations due to the
1st Respondent by the company of the Applicant had been fully
discharged.

5. The invitations, threat to humiliate, attempted arrest and curtailing the

freedom of movements of the Applicant without no just cause are not
justified by any circumstance stated in the 1999 constitution of Federal
Republic of Nigeria.

6. That the Applicants have suffered physical distress, financial,

emotional and psychological trauma as a result of the arrest, detention and
humiliation by the Respondents.

7. The Nigerian Police cannot be used as a tool for Debt Recovery in any
form whatsoever or as a means of settling civil disputes

8. The Applicant has right to enforce his fundamental human right

when his rights have been breached, are being breached or likely to be
breached.

DATED THIS ………………….. DAY OF ………………………. 2020

 Oluwasegun Odunsi Esq
Agbejule Owoyemi Esq
Omolola Ifeoluwa Esq
Applicants’ Counsel
Kingys Attorney
No 5A, Alabunkun Bus stop,
Sagem Area, Ologunfe, Lagos.
09165223419

FOR SERVICE ON:

1. 1ST RESPONDENT
Mr. BOROFACE IDIAGBON

2. 2ND RESPONDENT
Commissioner of Police
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State

3. 3RD RESPONDENT
DSP YERIMA SARAFADEEN
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State
 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO:
………………………….

IN THE MATTER OF AN APPLICATION BY DR. ABOLAJI OLALERE FOR AN

ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL HUMAN RIGHTS
TO DIGNITY OF HUMAN PERSON, PERSONAL LIBERTY AND FREEDOM OF
MOVEMENT AS ENTRENCHED IN SECTIONS 34, 35, 41 AND 46 OF THE 1999
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED)

BETWEEN:

1. DR. ABOLAJI OLALERE APPLICANT

AND

1. MR BOROFACE IDIAGBON
2. COMMISSIONER OF POLICE RESPONDENTS
3. DSP YERIMA SARAFADEEN
APPLICANT’S AFFIDAVIT IN SUPPORT OF THE APPLICATION

I, DR. ABOLAJI OLALERE, a business man and Academia of Olalere Cresent, Idowu
Avenue, Mosalasi Bus stop, Onikan Lagos Lagos State make oath and state as
follows;

1. That I am the deponent herein and the Applicant in this suit by the virtue
of which I am conversant with the fact of this case.

2. That I am an academia and Senior Lecturer in the Department of

Sociology, at Roalfort University, Eleko, Ibeju Lekki Local Government
Area of Lagos State.

3. That beside my engagement with Roalfort University, I am also a

businessman that engage in buying and selling of farm produce to my
numerous clients, both offshore and onshore of the Federal Republic of
Nigeria.
4. That sometimes in July 2020, I had a Client from India that wanted to buy
100 tons of Cashew nuts, unfortunately, I had only 70 tons as at the time
of the request. I therefore made a request for any farmer that has 30 tons
to sell.

5. That first Respondent, MR BOROFACE IDIAGBON reached out to me and

offered to sell 30 tons of Cashew nuts for the price of N5,900,000 (Five Million
Nine Hundred Thousand Naira) only.

6. That I made initial deposit of N2,000,000.00 (Two Million Naira) Only

to the First Respondent with the promise to pay the outstanding upon the
safe delivery of the goods to my India Client at New Delhi. The evidence of
payment of the sum of N2,000,000.00 (Two Million Naira) is hereby
attached and marked Exhibit KJ1.

7. That due to the fact that the time given to me to make delivery was almost
running out, I couldn’t inspect the quality of the goods supplied to me by
the first Respondent. The goods were delivered at the Season Port at
Apapa, Lagos State and they were put on board of the Ship immediately
for delivery to New Delhi.

8. That upon the delivery of the goods, my India client contacted me via mail
that the quality of the 30 tons out of the goods were far below standard
and totally unacceptable. Printout of the mail sent by my India Client (Mr
Rajun) is hereby attached and Marked Exhibit KJ2.

9. That I forwarded the said mail from my India Client to the First
Respondent Immediately and I called him to discuss the discrepancies. We
agreed on phone that I should open negotiation with the India Client for
renegotiation of the 30 tons and I should get back to him.

10. That I opened negotiation with the India Client as discussed and it was
agreed that payment plan for the 30 tons supplied by the First Respondent
will drop and it will now be sold at the rate of N2,100,000.00 (two
Million One Hundred Thousand Naira Only). Mr Rajun sent me a mail
in that regards and it was equally forwarded to the First Respondent. A
printed copy of the mail is hereby attached and marked Exhibit KJ 3.

11. That since then, the first Respondent has refused to reply the mail or pick
my call. On 3rd November 2020, I forwarded the sum of N100,000.00
(One Hundred Thousand Naira) to his account to balance up the total
purchase price for the 30 tons supplied by him.

12. That the First Respondent upon receiving the money started calling and
threatening me. I maintained that the money was in the light of our
agreement to renegotiate the price of his 30 tons that were of inferior
quality.

13. That the first Respondent has been intimidating, harassing, threatening
and bullying my family. I do not owe him any money or committed any
crime to justify his harassments.
14. That I have visited the First Respondent in his house and office to discuss
the situation and I even offered to give him additional sum of
N400,000.00 (Four Hundred Thousand Naira Only) from my personal
fund. The First Respondent insisted on collecting the sum of
N3,900,000.00 (Three Million, Nine Hundred Thousand Naira only).

15. That on 14th November 2020, the first Respondent wrote a petition against
me to my employer at Roalfort University. This petition led to my
suspension for 3 weeks, after which I was made to face University
disciplinary panel and state my case. I was exonerated after the panel
listened to both of us and made findings from my India Client.

16. That to our surprise, the 1st Respondent started using the officers of the
2nd Respondent to harass, call, intimidate and embarrass me over the same
transaction.

17. That on 14th December, 2020, 3rd Respondent from the office of 2nd
Respondent, Alagbon Ikoyi invited me for interrogation but due to the fact
that I wasn’t in the best state of health, I couldn’t go on that very day.
Rather, I wrote back through my lawyer praying for rescheduling of the
meeting. That the letter of invitation and my lawyer’s response are hereby
attached and marked Exhibits KJ4 and KJ5respectively.

18. That on 19th December, 2020, I was in the office of the 2nd Respondent
and I was interrogated, drilled and detained for 18 hours before I was
eventually released on bail. That the whole basis of the arrest bother
primarily on the 30 tons of Cashew nuts transaction between me and the
first Respondent.

19. That all through my arrest, detainment, interrogations, questioning and

statement I wrote in the office of the 2 nd Respondent, there was no
criminal allegation against me. I have never been involved in any criminal
allegation or scandal before. Rather, I carry on my business with utmost
sincerity, good faith and in best international standard.

20. That I insist that I am not owning the first Respondent any money, the
N400,000.00 ( Four Hundred Thousand Naira) I earlier promised was out
of magnanimity and I have changed my mind about it. I am no more
inclined to give the first Respondent any money.

21. That the officers of the 2nd Respondent commanded me pay the 1st
Respondent the sum of N3,900,000.00 (Three Million, Nine Hundred
Thousand Naira only) and I insisted I am not going to pay him anything.

22. That since then, the officers of the 2nd Respondent have been calling,
giving me ultimatum and threatening to arrest me again if I don’t pay the
said money to the 1st Respondent.

23. That the officers of the 2nd Respondent have been to my office twice to
arrest me, I have just been lucky not to be around each time they visit. I
couldn’t go to my office and I have to escape to Owerri Imo State to avoid
being arrested by the police because of this case. I practically live every
 day of my life in the fear of being arrested which has affected me
psychologically, emotionally and affected our company financially.

24. That the whole transaction leading to this menace being purely
contractual is civil in nature, hence I have not committed any crime.

25. That on the 4th day of January 2021 by 2:00pm, I was informed by
Oluwasegun O. Odunsi Esq of Counsel and I verily believe him, in his
office at Kingys Attorneys, at No 5A, Alabunkun Bus stop, Sagem Area,
Ologunfe, Lagos as follow; that,

(a) The Police has no statutory responsibility to delve into civil

contracts.
(b) The coercion on me by the 2nd and 3rd Respondents to pay the 1st
Respondent is ultra vires their powers and wrong.
(c) That my arrest, detention, the further attempt to arrest me and
curtailing my movements by the 2nd and 3rd Respondents at the
behest of the 1st Respondent amounts to a gross my right to the
dignity of my human person, right to freedom of movement and my
right to personal liberty.
26. That I appear before this Honourable Court for justice and equity as it is
the only hope I have as a common man.
27. That I am weak, afraid and fear for my safety as the 2 nd and 3rd
Respondents acting on the behest of the 1st Respondents vowed to deal
with me.

28. That only this Honourable court can stop the Respondents’ dangerous and
wrongful acts towards me.

29. That a grant of my application will inure in the cause of justice and ensure
my safety.

30. That I depose to this affidavit conscientiously believing the content to be

true to the best of my knowledge in accordance to Oath Laws of Lagos
State.

______________
DECLARANT

SWORN TO AT the High Court’s Registry, Lagos,

this ________ day of _____________, 2020.

BEFORE ME:

COMMISSIONER FOR OATHS

 IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO:
………………………….

IN THE MATTER OF AN APPLICATION BY DR. ABOLAJI OLALERE FOR AN

ORDER FOR THE ENFORCEMENT OF HIS FUNDAMENTAL HUMAN RIGHTS
TO DIGNITY OF HUMAN PERSON, PERSONAL LIBERTY AND FREEDOM OF
MOVEMENT AS ENTRENCHED IN SECTIONS 34, 35, 41 AND 46 OF THE 1999
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED)

BETWEEN:

1. DR. ABOLAJI OLALERE APPLICANT

AND

1. MR BOROFACE IDIAGBON
2. COMMISSIONER OF POLICE RESPONDENTS
3. DSP YERIMA SARAFADEEN

WRITTEN ADDRESS

1.0 INTRODUCTION

1.1 My Lord, this is a motion for enforcement of the fundamental Human right
of the Applicant brought pursuant to Section 34, 35, 41 and 46 of the
1999 Constitution (as amended) and Order 2 Rule 2 of the
Fundamental Enforcement procedure rules 2009 and under the
inherent jurisdiction of this Honourable court.

1.2 The motion is praying for an order of this Honorable Court enforcing the
right of the Applicant fundamental Human right to personal liberty,
dignity of human person and freedom of movement. The motion is also
seeking an injunction of this Honorable Court restricting the Respondents
from further arresting, inviting, threatening and humiliating the Applicant
on this subject matter.

1.3 My Lord, this application is supported by 25 paragraphs affidavit deposed

to by the Applicant himself. Wherein he contended that the fact and
circumstances giving rise to this case is purely a civil matter that
shouldn’t been enforced through the machinery of the 2nd and 3rd
Respondents.

1.4 We rely on all the averments in the said affidavit particularly paragraphs
12, 13, 18 and 19 of the affidavit in support and urge this Honorable Court
to grant all our prayers as prayed on the motion paper.
2.0 ISSUES FOR DETERMINATION

2.1 WHETHER THE 2ND RESPONDENT ACTED ULTRA VIRES OF

THEIR POWER AND BREACHED THE FUNDAMENTAL HUMAN
RIGHT OF THE APPLICANT BY INVITING, ARRESTING,
DETAINING AND FURTHER THREAT TO ARREST AND DETAIN
THE APPLICANT OVER A CIVIL TRANSACTION?

2.2 WHETHER THE APPLICANT IS ENTITLED TO ALL THE RELIEFS

SOUGHT?

3.00 ARGUMENT IN SUPPORT OF THE ISSUE

3.1 ISSUE 1- WHETHER THE 2ND RESPONDENT ACTED ULTRA VIRES
OF THEIR POWER AND BREACHED THE FUNDAMENTAL HUMAN
RIGHT OF THE APPLICANT BY INVITING, ARRESTING,
DETAINING AND FURTHER THREAT TO ARREST AND DETAIN
THE APPLICANT OVER A CIVIL TRANSACTION?

3.2 My Lord, this issue has raised a germane and litmus question for
determination by this Honorable Court and we most humbly answer the
said question in the affirmative. We submit that the invitation, arrest,
detaining and threat to further arrest and humiliate the Applicant is ultra
vires the power of the 2nd Respondent under the Police Act 2004 and
outright abuse, breach and infringement of the fundamental Human
Rights of the Applicant.

3.3 My Lord, the Applicant under the provision of Section 34 of the 1999
Constitution (as Amended) is entitled to right to dignity of human
person. We refer this Honorable Court to Okonkwo v. Ezeonu & Ors.
(2017) LLER/55E/12 CA

Further to this my Lord, the Applicant is entitled to right to personal

liberty under Section 35 of the 1999 Constitution (as Amended).
Court of Appeal in Ozurumba v. EFCC 2019 LLER/406L/18 CA held
that unlawful arrest irrespective of the time that the applicant was
released constitutes infringement to fundamental right to personal liberty.

My Lord, by the provision of Section 46 of the aforementioned

Constitution, these rights becomes enforceable once the rights have
been breached, are being breached, or there is likelihood of breaching any
of them.
3.4 My Lord, we submit that the actions of the Respondents have constituted
breach to the fundamental human rights of the Applicant. The Applicant
was invited, arrested and detained on complaint that is purely civil in
nature. We most humbly invite the attention of this Honorable Court to
paragraphs 4, 6, 13, 16, 17 18 and 20 of the affidavit in support of motion.
The 1st Respondent being an independent marketer of the Applicant’s
company retains no right to set the police in motion against the Applicant
in person. Assuming and not conceding that he has an outstanding money
to be paid, the proper approach to have been taken is to maintain a civil
action for the recovery of the said money. My Lord, 1 st Respondent will be
liable for a mala fide report and complaint set by him which lead to the
arrest of the Applicant and thereby infringes the fundamental human right
of the Applicant. We refer this Honorable Court to Rite Foods Ltd &
Anors V. Adedeji & Anors. 2019 LLER/626L/17 CA

3.5 My Lord, the applicant has established that he was arrested and detained
on 13th July 2020 by the respondent, we invite the attention of this
Honorable Court to paragraphs 17 and 18 of the affidavit in support of this
motion. We submit that what constitute infringement to right to personal
liberty is unlawful arrest and arrest and detention. Court of Appeal in
Ozurumba v. EFCC (SUPRA) held that “The period of time that she was
deprived of her fundamental right to personal liberty, however short or
brief that the deprivation lasted, is immaterial.” My Lord, it is a fact
before this Honorable Court that the Applicant was unlawfully arrested
and detained. My Lord, what constitutes an unlawful arrest is an arrest
that was made on false and frivolous complaint without any legal
foundation by a complainant.

3.6 My Lord, the power and right of the 2nd and 3rd Respondents are stated in
Section 4 and 23 of the Police Act Cap…….. The act is clearly intended
to restrict involvement of the police to criminal matters alone. Police do
not have power or right to delve into a contractual or civil litigations or
settling civil disputes for the parties. In Gaul Ihenacho & Anors v
Nigeria Police Force & Anors (2017) 12 NWLR Part 1580 Page 424
at 429 ration 5, Court held that:

“The Police whose duties are

provided in Section 4 of the police Act do
not include investigation and/or
settlement of civil or contractual disputes
or more popularly put, the collection of
debts or enforcement of civil agreements
and contracts. There is no provision in the
Police Act that empowers the police to
enforce contracts or collect common
debts. The jurisprudence is replete with
practice and procedure for enforcing
 contractual agreements which does not
involve the arrest and detention of
parties”. (the emphasis is mine).

Further, Court of Appeal in Arab Contractors (O.A.O) Nig Ltd. V.

Gillian Umanah (2013) held that “A civil arrangement is not a matter
for the Police. Police is not a debt collection organization. It is not and
should not in any community of civilized people be used as debt or levy
collectors, or in resolution or settlement of civil disputes among people”.

3.7 Further My Lord, there is a continuous attempt by the 2 nd and 3rd

Respondents to arrest and humiliate the applicant on this subject matter.
Applicant in paragraph 23 of the affidavit in support deposed to the fact
that there have been attempts to re-arrest and detain him. My Lord, a
further arrest on this subject matter breeds fear of humiliating and
subjecting the Applicant to inhuman treatment because he has refused to
obey the order of the 2nd and 3rd Respondent to pay some money to the
1st Respondent. My Lord, the right to enforce the right of the Applicant
that is likely to be breached is as well established and recognized under
Section 46 of the 1999 Constitution as amended. We refer this Honorable
Court to Afribank Nig Plc v. Adigun 2008 LLER/46AK/02 CA, Igwe &
Ors v. Ezeanochie 2009 LLER/98E/06 CA

3.8 My Lord, It is a pity that the 2 nd and 3rd Respondents have therefore
subjected themselves to agent of manipulation, terror and abuse in the
hand of the 1st Respondent. This is out rightly and blatantly illegal and
we urge this Honorable Court to condemn same on the strictest tone.

3.9 ISSUE 2- WHETHER THE APPLICANT IS ENTITLED TO ALL THE

RELIEFS SOUGHT?

3.10 My Lord on this issue, it is our submission that the Applicant is entitled to
all the reliefs sought on the motion paper. The Court of Appeal in Asuquo
v. Sector Commander FRSC 2019 LLER/93C/13 CA held that
“declaratory and other reliefs can be sought and obtained to enforce and
protect fundamental rights in a High Court”. It is our submission that the
1st t0 7th Legs of the prayer of the Applicant in this case are sacrosanct
and paramount to defending the constitutional right of the Applicant. The
actions of the Respondents constitutes illegality and we urge this
Honorable Court to so hold. We refer this Honorable Court to Director,
S.S.S v. Agbakoba 1999 LLER/5/99 SC.

3.11 My Lord, Court of appeal in Heritage Bank v. S & S Wireless Ltd &
Ors 2018 LLER/871L/11 CA held that once there is an abuse or breach of
fundamental human right, damages must be awarded by Court.

3.12 In the light of the court’s decision in the case above, it is trite that the
liability of the 1st Respondent is equally inevitable, because he has laid a
 mala fide complaint that lead to the arrest of the Applicant. My Lord, it is
our humble submission that the Applicant has established breach of his
fundamental Human Right against the Respondent jointly and severally.

4.0 CONCLUSION

4.1 The Applicant in this suit has established that he has unalienable right to
personal liberty, human dignity and freedom of movement under Chapter
4 of 1999 Constitution. The Applicant has also established that the right
becomes enforceable upon being breached or likely to be breached by the
Respondent. The Applicant has established that his guaranteed rights
were breached and he stands the risk of further breach by the respondent
jointly and severally.

4.2 The Applicant has established that he was arrested and detained on
matter not constituting crime in anyway. Therefore, the 2 nd and 3rd
Respondents went ultra vires of their statutory powers. It is in this light
we most humbly urge this Honorable Court to grant all the prayers of the
Applicant.

4.3 We are most oblige!

DATED THIS ………………….. DAY OF ………………………. 2020

Oluwasegun Odunsi Esq

Agbejule Owoyemi Esq
Omolola Ifeoluwa Esq
Applicants’ Counsel
Kingys Attorney
No 5A, Alabunkun Bus stop,
Sagem Area, Ologunfe, Lagos.
09165223419

FOR SERVICE ON:

1. 1ST RESPONDENT
Mr. BOROFACE IDIAGBON

2. 2ND RESPONDENT
Commissioner of Police
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State
3. 3RD RESPONDENT
DSP YERIMA SARAFADEEN
General Investigation Section,
Force Criminal Investigation Department,
Alagbon Close, Ikoyi
Lagos State