A fundamental rights enforcement suit filed by man, Oluwasegun Alex Ajayi, who said to be on the run over alleged N212,850 million fraud, has been dismissed by a Federal High Court, Lagos.
Friday N. Ogazi who presided over the court, dismissed the alleged fugitive’s suit for lacking in merit and unsubstantiated.
The judge, apart from dismissing the suit, also ordered the alleged fugitive, to pay a total sum of N200, to the respondents, who were represented by Barrister Morufu Animashaun and Dr. Abiodun Adesanya.
Respondents in the suit numbered FHC/L/CS/726/2023, were: the Inspector-General of Police (IGP); Martins Nogoh, Deputy Commissioner of Police, Interpol Fcid Alagbon Ikoyi Lagos;
Muhammed Usman, a Chief Superintendent of Police (CSP) and First City Monument Bank (FCMB) Plc, listed as first to fourth respondents.
The said fugitive, Oluwasegun Alex Ajayi, through his lawyers led by Prince I. Nwafuru; had asked the court for the following reliefs: “a declaration that the continuous intimidation, harassment and threats of arrest and detention of the Applicant by the Respondents, their officers, servants, agents, privies and particularly, the 2nd and 3rd Respondents at the instigation of some unnamed complainants from the Lagos State House of Assembly amounts to serious violation of the Applicant’s fundamental human rights as guaranteed by sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A declaration that the continued suspension of operation and freezing of the Applicant’s Account Number 3523657011 domiciled with First City Monument Bank, the 4th Respondent herein and threats to freeze his other assets without any legal justification amounts to a serious violation of the Applicant’s rights to movable and immovable property as guaranteed under section 44 of the Constitution of tne Federal Republic of Nigeria 1999(as amended).
“A declaration that the continued issuance of ‘RED NOTICE’ and warrant of arrest against him by the 1st to 3rd Respondents amounts to a clear violation of his fundamental Human rights as guaranteed by sections 34, 35, and 41 of the constitution of Federal Republic of Nigeria, 1999(as amended).
“An order of perpetual injunction restraining the 1st to 3rd respondents, whether by themselves and or their agents. privies, servants, officers, privies or otherwise whosoever called from further threatening to arrest, detain him; issuing ‘‘RED NOTICE’’ or declaring him wanted and from arresting and detaining or in any other manner violating and or infringing on his fundamental human rights as guaranteed in Sections 34, 35 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) except in the manner prescribed by law.”
He further asked the court for the followings: “an order directing the 4th respondent to forthwith lift the caution and suspension placed on the Applicant’s Account Number 3523657011 which the Applicant maintains with the 4th Respondent and allow the Applicant access to his funds standing to his credit in the said account.
“An order of Court compelling the 1st to 3rd Respondents to pay the Applicant’s sum of N50 million only, being general and exemplary damages for the infringement and violation of the Applicant’s fundamental rights and the inhuman and degrading treatment he has been subject to.
“An order of the Court directing the 4th respondent to pay the Applicant’s sum of N50 million only, being general and exemplary damages for the infringement and violation of the Applicant’s right to his property as guaranteed by the Constitution.
“N5 million as the Cost of instituting and maintaining this action.
“An order of the Court directing the Respondents to tender unreserved apology Published in three daily newspapers for violating the Fundamental Rights of the Applicant.
‘An order of the Court setting the RED NOTICE and arrant of Arrest issued by the 1st to 3rd Respondents for being illegal, unconstitutional and without any justification. And an order of the Court restraining the 1st to 4th respondents from further issuing a ‘RED NOTICE’ or Warrant of Arrest for the arrest and detention of the Applicant.
“An order of the Court restraining the respondents from further freezing his account or any other movable or immovable assets of the Applicant.”
He supported his motion with an affidavit of 15 paragraphs and a Written Address which was adopted by his lawyer.
However, the 1st to third respondents through their lawyer, Barrister Morufu Animashaun, filed a counter affidavit deposed to by Inspector Abi Alex, a police officer attached to INTERPOL section, Force CID Annex, Alagbon, Ikoyi, Lagos. And attached with the counter-affidavit are several documentary exhibits, which were admitted by the court.
Defending the suit, Barrister Animashaun told the court that the Office of the Deputy Inspector-General of Police, ForceCID Headquarter, Abuja, received a petition stating that the sum of N212, 850 million, was obtained under false pretence against the Applicant.
He added that upon receiving the petition, both the complainant and Applicant were invited, and that while the complainant (Mrs Mary Adekoya) honoured the invitation, volunteered statements and supplied further information, the Applicant disregarded the invitation. Adding that when it was discovered that the Applicant and his cohorts have fled the country to Ghana, and later to Dubai a request for approval on watch list, Red Notice and extradition was made and granted.
Animashaun further stated the 1st to 3rd respondents also confirmed that on the 19th of February 2021, the sum of N212, 850, 000.00 was credited by Lagos State House of Assembly, into Ojugbele Rasheed Account details with Stanbic iBTC Bank Plc, being the Naira equivalent of the sum of 400, 000. 00 USD (Four Hundred Thousand US Dollars) said to have been credited by Oluwasegun and Umoren.
Also, the 4th respondent, FCMB Plc on its part denied restricting the applicant’s account. Adding that a further liaising as done with the Financial Application Support Unit of the Bank concerning any previous PND or lien on the Applicant’s account domiciled in the Bank showing that there was never a restriction, lien or PND placed on the Applicant’s account.
The bank also claimed that applicant did not attach any evidence of restriction of lien on his account to the application filed.
Delivering judgment in the suit, Justice Ogazi, after going through all the processes filed by the parties and after citing series of legal authorites held that: “considering the totality of the evidence before the Court, I am of the view that it is not cogent and material enough to sustain the allegations.
“The applicant failed to establish his case to be entitled to the reliefs sought. Application is accordingly refused and dismissed.
“I award cost of N50, 000 each against the applicant in favour of the respondents.”
