By Lukman Olabiyi
Two businessmen, Dare Osamo and Kehinde Okelade have asked the Federal High Court, Lagos to restrain the Economic and Financial Crimes Commission (EFCC) and the Inspector General of Police (IGP) and his officers from threatening and harassing them over a business deal that went wrong with another aggrieved party.
The businessmen in a fundamental rights enforcement suit marked FHC/L/CS/1017/20, filed by their lawyer, Mr Oyewo Damilola before Justice Chukwujekwu Aneke also joined Mr. Isaaki Adewole; Lanre Bamgbose; Shibawell Energy Services Limited; and Star Orient Nigeria Limited as respondents.
Specifically, Osamo is seeking court’s declaration that the claims of some the respondents, on an alleged breach of a Joint Venture Agreement between him and Adewole and their companies is a dispute referable to the civil court only in accordance with the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Osamo who is the first applicant, is also seeking a court order for a declaration that his arrest and detention by the police, as well as the continued threats of further arrests and detention on account of the various petitions of the respondents and complaint of an alleged breach of a Joint Venture Agreement between him and one of the respondent, constitutes a gross violation of his fundamental right to personal liberty and is therefore illegal and unconstitutional.
The second applicant, Okelade is asking the court for a declaration that the freezing of his company’s bank account, Impact Energy and Logistics Limited, domiciled with Zenith Bank Plc with Account (number 1014100432) by agents of one the respondent, on account of the orchestrated allegation of fraud by others respondent, is a gross violation of his right to property guaranteed under Sections 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and is accordingly unconstitutional and illegal.
Both applicants are seeking an order of perpetual injunction restraining the respondents whether by themselves, their officers, servants, agents and or representatives from further harassing, molesting, arresting or detaining their directors, employees, officers, servants, agents and or representatives, or otherwise interfering in any manner whatsoever with their rights to personal liberty.
Besides, they also prayed the court for an order of mandatory injunction directing IGP, through its officers or servants or agents or representatives, to immediately unfreeze the second applicant’s company bank accounts.
They prayed the court to award the sum of N200 million in their favour against the respondents, jointly and severally being damages for the unlawful interference with their rights to personal liberty.
However, the respondents except IGP have filed preliminary objection against the suit, they argued that the suit was an abuse of court’s process.
Meanwhile, Justice Aneke, has fixed May 8,2021 for hearing of the suit.