The Guardian (Nigeria)

Court dismisses suit against businessma­n, others

- By Yetunde Ayobami Ojo

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.”

Newspapers in English

Newspapers from Nigeria