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A community leader from Lagos, Chief Busari Abatan Adeleye, has initiated a N50 million fundamental rights enforcement lawsuit against the Inspector-General of Police, IGP Kayode Egbetokun, and the Commissioner of Police for the Force Intelligence Department, FID, Lagos Annex, Akanniyene Ezima. This legal action is based on allegations of harassment, intimidation, and unlawful arrest.
Chief Adeleye, who holds the title of Baale of Adeleye Opeki Community in Abesan, Ipaja, Lagos, has brought this case before the Lagos State High Court in Ikeja. Two of his family members, Taiwo Adeleye and Akinola Akeem Adeleye, are co-applicants in the lawsuit, while Egonte Chukwuma Onyema has been named as the third respondent.
The applicants are seeking a judicial declaration asserting that their arrest and detention from September 15 to 16, allegedly instigated by Onyema, represented a significant violation of their fundamental rights to liberty, personal dignity, and property, as guaranteed under Sections 35, 36, and 44 of the 1999 Constitution.
They are urging the court to declare that their arrest, which was based on accusations of trespassing, wrongful execution of judgment, and malicious damage, was unlawful and unconstitutional. They argue that the actions taken by the police, reportedly executed on Onyema’s orders, constituted an abuse of power and unlawful interference with their rights.
The applicants are requesting restraining orders to prevent any further arrests or harassment by the respondents. Additionally, they seek N50 million in general damages and N5 million in aggravated damages for the alleged violations.
In a 31-paragraph affidavit submitted by Taiwo Adeleye, the applicants assert that their family are the rightful customary owners of the Opeki Village land in Abesan, Lagos. He indicated that their claim of ownership had been legally validated by a judgment from the Lagos State High Court on July 7, 2022, rendered by Justice O.A. Taiwo in suit No: ID/1495/2010, Alhaji Sule Ajibade & Ors v. Hajia Rauf Ajala & Ors.
Despite being aware of the court’s ruling, Onyema allegedly continued to provoke police interference with the family’s rights and attempted to forcibly re-enter the disputed land.
The affidavit also highlighted that the land dispute has been the subject of a protracted civil case involving the applicants and Andrew Egonte, the father of the third respondent. Court records indicate that legal documents, including the writ of summons and hearing notices, were properly served on Egonte as early as May 2011, yet his legal representative failed to submit a defense, leading the court to rule in favor of the Adeleye family.
As of the time of filing, the IGP, Ezima, and Onyema have not submitted any response to the lawsuit, and the court has not scheduled a hearing date.
What are the main allegations in the lawsuit?
The main allegations include harassment, intimidation, unlawful arrest, and violation of fundamental rights to liberty and property, allegedly instigated by Egonte Chukwuma Onyema.
What compensation are the applicants seeking?
The applicants are seeking N50 million in general damages and N5 million in aggravated damages for the alleged violations of their rights.
What has been the response of the respondents?
As of the filing date, the Inspector-General of Police, the Commissioner of Police, and Onyema have not yet filed any response to the suit.
