By Jude-Ken Ojinnaka
The hearing of N50 million suit filed by the Divine Homes Residents Association (DHRA) Board of Trustees, Lekki-Ajah, Lagos against the Inspector-General of Police (IGP) and three others is to be heard on March 6 by the presiding judge, Justice Ibrahim Ahmad Kala of a Federal High Court sitting in Lagos.
Listed as 2nd to 4th Respondents in the suit marked FHC/L/CS/1991/23 are; Assistant Inspector-General of Police (Zone 2); SP Omo-Osagie M. A Esq (O/C Legal) and one Henry Uche Nwabueze.
The Estate BOT through their counsel, Chief Abdullahi Tony Dania and Ify Igwe, is seeking an order of the court to restrain all the respondents from alleged continual harassment, intimidation, arrest and re-arrest of the members of its Board of Trustees (BOT) or EXCO, particularly one Sir-Walter Babanta Chijioke, over a civil matter concerning the internal management of its Residents Association (DHRA).
The Estate’s BOT also prayed the court for the following reliefs: “A declaration that issues relating to the amendment of the constitution of the Divine Homes Residents Association (DHRA), the status of Mr. Henry Uche Nwabueze within DHRA and the Suits pending at the Federal High Court, are civil issues and that the issues cannot be given criminal garments to justify continual harassment by the Police at Zone 2.
“A Declaration that the letter titled “legal advice” or the position paper presented by the 3rd Respondent to the 2nd Respondent, dated August 17, 2023, was calculated to mislead the latter, it is legally self-contradictory, it shows bias, constituted a circumstantial evidence of corrupt compromise and it was a feeble attempt to improperly justify the Police intervention in a pure civil matter.
“An order of the court prohibiting the respondents from utilizing or giving any effect to the letter under reference dated August 17, 2023, from the continual harassment, intimidating, inviting, arresting and/or further arresting the members of the Applicant, particularly Sir Walter Babanta Chijioke, over or in respect to the issues relating to or concerning the internal management of the Divine Homes Residents Association (DHRA).
“An order of mandamus, directing the first and or second respondents to investigate the allegations of impersonation, forgery, conduct likely and giving the Police false information with intent against the 4th respondent; and corrupt compromise, insubordination, abuse of office and deliberately misleading the 2nd respondent, made against the 3rd respondent, as contained in the Petitions dated September 6 and 21, 2023, respectively.
“An order directing respondents to pay to the applicant, N50 million, as exemplary damages and compensation for the avoidable embarrassment, psychological trauma, cost of defence and cost of this instant action.
In a 27 paragraph-affidavit deposed to by Abdulkareem Rilwan Kayode, a Legal Assistant in the law firm of Dania & Associates, he stated that on Thursday, September 7, 2023, his principal, Chief Abdullai Tony Dania and Sir Walter Babanta Chijioke, the Applicant’s Representative herein informed him at 12 noon in Chamber at 22B Fola Jinadu Crescent, Gbagada Phase 1, Charley boy, Pedro Lagos State as follows:
“That all the allegations contained in the charge are conspicuous falsehood, deliberately concocted and presented in a criminal charge, obviously calculated to get the Applicant to be remanded in prisons pending the perfection of his bail, and nothing more; and if not for the justice-mindedness and diligence of the Magistrate that presided over the charge on the day of arraignment, the Police and the nominal complainant would have succeeded in their heinous and mischievous plans.
“That assuming without conceding that the Prosecution/Police was correct, the amendment of the Constitution of the Divine Homes Residents Association (DHRA) was valid and proper as confirmed by the CAC; the Police sent a formal inquiry to that effect to the CAC and the CAC sent a response affirming the validity of the Constitution in issue, and these documents are inside the casefile, so, there was no forgery here; and the Constitution was not used or alleged to have been used to commit any fraud or crime.
“That it is a party to a suit that can complain of contempt of Court emanating from disobedience of an order made by the Judge in the Suit, via the filing of Form 48 and Form 49 and not the Prosecution/Police who was not a Party thereof.
“That an allegation of forgery requires the documents forged and the one that is authentic and or original one, which is conspicuously absent in the casefile, as it is; and the Defendant only responded to the allegation contained in the complaint made against him and other members of the EXCO and BOT of DHRA,
“That the complainant is a tenant-resident and not a landlord-Resident of DHRA, reference to the Constitution of DHRA, he was never the Chairman or acting Chairman of DHRA, and he was not even qualified to contest for the Chairmanship position in DHRA, yet he claimed to be the Chairman and signed the Petition in issue as chairman of DHRA, he received the processes as chairman in a Suit he instituted, and at the same time, within the same period, he referred to himself as Acting Chairman and an ordinary “MEMBER” of DHRA,; yet the Prosecution/Police did not see that as a criminal offence of giving Police false information with intent.
“That there was absolutely nothing in the whole casefile to justify the allegations contained in Count 3 of the Charge, no statement was made by ANY PERSON relating to the allegation.
“That count 4 in the charge is a pure civil issues; if the Defendant disobeyed the order made by the Federal High Court in a civil Suit, it is a Party to the Suit and not the Prosecution/Police to bring a charge on same; whereas, the Plaintiff in the Suit relied upon, was one “unknown” Mr. Tunde Friday, and not the nominal complainant herein, and the Defendant in the said Suit is the BOT of DHRA.
“That the status of Mr. Henry Uche Nwabueze within DHRA and the Suits pending at the Federal High Court, are civil issues and that the issues cannot be given criminal garments to justify the charge in issue and the continual harassment by the Police at Zone 2 or at any other Command.
“That Members of the applicant conducted Estate election and elected new representatives, including the Chairman of DHRA to manage the affairs of DHRA based on the amended Constitution which was filed at CAC,
“That the nominal Complainant did not contest for the position of Chairmanship or any position of DHRA, but he made a petition to the Police, and deceitfully or signed as the Chairman of DHRA, based on which investigation was conducted and the applicants were vindicated by the X-Squad section of the Prosecution/Police; only for him to make another petition on the same facts, against the same persons.
“That the said petitions contained fabrications and lies, and the fresh Petition was investigated by SP Omo-Osagie, the O/C Legal/Prosecution of the Zone 2 Police Command Headquarters in Lagos, so, he was the investigator, he was the legal Advisor and the Prosecutor, at the same time, whereas the write-up he styled “Legal Advice” was by its content constitutes a circumstantial evidence of corruption, unwholesome compromise, improper and unprofessional conduct against the Prosecution/Police.
“That the Prosecution/Police has deliberately refused to investigate the complaints contained in the Petitions dated the 6th and 21st of September, 2023, made by the Applicant herein and addressed to the AIG Zone 2.
“That based on the the first Petition made by the nominal Complainant herein, the Members of the BOT/EXCO of the DHRA, including the Defendant/Applicant herein, the O/C X-Squad section of the Zone 2 Police Command, arrested the defendant, Sir Walter Babanta Chijioke, the Chairman and other members, investigated and vindicated them of any crime; but failed to charge the nominal-complainant herein for impersonation, forgery, conduct likely to breach peace and for giving the Police false information with intent.
“That the letter written by SP Omo-Osagie, as the IPO, Investigator and legal Advisor, on the aforesaid 2nd Petition, styled “Legal Advice”, addressed to the AIG Zone 2, was meant to, and actually misled the said AIG; but upon the receipt of the formal Complaint made by the BOT/EXCO of the DHRA, via a Petition dated the 6th of September 2023, the AIG, in the presence of the the said SP Omo-Osagie, the real Chairman of the DHRA, her Legal Advisor, the O/C X-Squad Zone 2, the Defendant/Applicant herein, and other Members of the EXCO of DHRA, applicants, directed that the O/C X-Squad of Zone 2 Police Command should investigate the petition dated the 06/09/23, collate all existing Petitions and cases involving the parties herein, re-investigate and report back to him promptly.
“That in lieu of complying with the directives of the AIG as stated above, SP Omo-Osagie sent his Men, who were armed, traced, arrested and rushed the Defendant/Applicant herein to this Court, and arranged men of social media to the Court.
“That the O/C Legal of Zone 2 Police Command or any Police Command does not own and cannot deliberately mislead the Court; and cannot be allowed to negatively exploit prosecution powers of filing a charge to foist injustice on a Citizen by filing a charge without any basis, more so where the charge lacks merit in all considerations, particularly where the whole facts and evidence contained in the file cannot justify the content of the charge.
When the matter was called for hearing, the applicant’s counsel informed the court that all respondents except the fourth, have been served with the processes. He added that the respondents are yet to file any response to the application
He also urged the court to expunge the name of the third respondent, SP Omo-Osagie, from the suit.
SP Omo-Osagie who was in court admitted being served with the applicant’s application but said he needed time to file his response to the application.
He therefore asked the court for a short date for all parties to be served.
Going by the consensus of the parties, Justice Kala, adjourned the matter to March 6, for mention.
