A Lagos State High Court sitting in Ikeja has dismissed a fundamental rights enforcement suit filed by two traders at Alaba International Market, ruling that the Nigeria Police Force acted within its lawful powers in inviting them for questioning over an ongoing investigation.
- +Court dismisses Alaba traders’ rights suit, upholds police powers
Delivering judgment on Monday, Justice Ismail Ijelu held that the applicants, Uchechukwu Chukwuma, popularly known as “Mayor,” and Alexander Jonah, failed to establish any breach or threat to their fundamental rights.
Delivering judgment on Monday, Justice Ismail Ijelu held that the applicants, Uchechukwu Chukwuma, popularly known as “Mayor,” and Alexander Jonah, failed to establish any breach or threat to their fundamental rights.
The applicants, who are the chairman and task force head of the Fancy and Furniture Section of the market in Ojo, had sued the Inspector-General of Police, the Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department, Alagbon, and other police officers, alleging harassment, intimidation, and threats of arrest.
They claimed that repeated police invitations and phone calls interfered with their rights to personal liberty, freedom of movement, and association as guaranteed under the 1999 Constitution and the African Charter on Human and Peoples’ Rights.
Through their counsel, Dr Yemi Omodele, the applicants argued that the repeated invitations disrupted their business activities and amounted to undue pressure by the police.
They sought declarations that the actions of the police were unlawful and also asked the court to restrain further invitations, arrest, or detention in connection with their market activities.
The respondents, represented by Morufu Animashaun, opposed the suit, arguing that the police acted on a petition alleging conspiracy, fraudulent conversion, stealing, and threat to life arising from a dispute within the market.
Animashaun maintained that the applicants were merely invited as part of a lawful investigation and were not subjected to harassment or intimidation.
He further argued that the suit was an attempt to obstruct legitimate police investigations and urged the court to dismiss it.
In his judgment, Justice Ijelu held that the applicants failed to establish any actual or imminent violation of their rights.
The judge noted that while fundamental rights are guaranteed under the Constitution, they are not absolute and may be lawfully restricted in the course of criminal investigations.
He held that the applicants were invited as material witnesses due to their leadership positions in the market where the alleged incidents occurred.
“The facts disclose nothing beyond lawful investigative engagement carried out pursuant to the statutory powers of the police,” the judge ruled.
Justice Ijelu added that there was no evidence of arrest, detention, coercion, or abuse of power, noting that the applicants’ claims were based largely on suspicion and apprehension rather than concrete proof.
“The court will not act on conjecture or speculative assertions. Police invitations for questioning do not, without more, amount to a breach of fundamental rights,” he said.
The court consequently dismissed the suit for lacking merit.
