Court dismisses suit against businessman, others
ALAGOS High Court, Yaba, has dismissed a suit filed against the Commissioner of Police, Force Intelligence Bureau ( FIB), businessman, Olisa Chigbo Innocent and others over alleged harassment and forceful possession of property.
The claimant, Gosic Trends International
Limited, had filed the suit m a r k e d LD/ 1250MFHR/ 2021 alleging harassment, intimidation and intent to eject it from the property situated along Oshodi- Apapa Expressway beside the Fire Station bordering the DHL company.
Aside from the Commissioner of Police FIB, Annex Lagos, other respondents in the suit are
Oshodi / Isolo Local Government, Isolo Local Council Development Area, the Chairman, Isolo Local Council Development Area, Olisa Chigbo Innocent and Ahaji Akeem Ogunseye as first to sixth respondents respectively.
However, while delivering judgment, trial Judge, Ezekiel Oluwole Ashade, dismissed the application for lack of jurisdiction.
The court held that the applicant has not shown by its affidavit, evidence that the second and third respondents or any of the respondents, forcefully took possession of its property and it has failed to show that any of its fundamental rights have been breached by any of the respondents to entitle it to the reliefs it sought.
After citing plethora of decided cases, Jjustice Ashade said: “Therefore, for this court to find that the applicant’s right against deprivation of ownership of property as guaranteed by Section 44( 1) of the 1999 Constitution ( supra) was breached, the applicant has to show that the respondents forcefully took physical control of its property.”