A Federal High Court in Lagos has ordered the Nigeria Police Force and businessman Kazeem Gbadamosi Eletu to pay a total of N10m in damages to Prince Toluwaleke Megba over the violation of his fundamental rights in a protracted land dispute.
Justice Ibrahim Ahmad Kala, who delivered the judgment in suit number FHC/L/CS/1306/2024, awarded N5m against the police and another N5m against Eletu.
The judge also restrained the Inspector-General of Police, the Assistant Inspector-General of Police in charge of 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 relating to the disputed property.
Justice Kala held that the respondents' actions, including the alleged invasion of Megba's residence and threats of arrest, violated his rights to dignity and personal liberty under Sections 34(1) and 35(1) of the 1999 Constitution, as amended.
The dispute followed an earlier judgment of the Lagos State High Court, delivered by Justice Obadina on March 9, 2017, in suit LD/2533/2010, which affirmed Megba's ownership of the disputed land.
Megba's counsel, D.C. Kemdirim, told the court that despite the subsisting judgment, the police repeatedly summoned and harassed his client following a petition by Eletu concerning the same property.
Kemdirim alleged that armed police officers attempted to arrest Megba with handcuffs at his residence on May 7, 2024, without an arrest warrant.
Megba had asked the court to declare the actions unlawful and issue a perpetual injunction against the respondents. He also sought a public apology in two national newspapers and damages of N1bn against the police and N500m against Eletu.
However, the police, represented by counsel Sternly Mba, argued that their actions formed part of a lawful investigation into allegations of fraud and forgery. They maintained that the Police Act 2020 empowered officers to investigate criminal complaints.
Eletu's counsel, A.A. Kilani, also denied any wrongdoing, arguing that his client had exercised his right to report suspected criminal activity. He further contended that irregularities in the deed of assignment presented by Megba warranted investigation.
In his judgment, Justice Kala held that the respondents' collective actions breached Megba's fundamental rights without legal justification.
The judge said the repeated invitations, harassment and threats of arrest and detention over a land title dispute already determined by the Lagos State High Court were unlawful.
However, Justice Kala declined to award the N1.5bn in damages sought by Megba, saying the case did not establish the grave misconduct required to justify exemplary damages.
He consequently awarded N5m against the police and N5m against Eletu in favour of the applicant.
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