Lukman Olabiyi
Justice Ayokunle Faji of the Federal High Court, Lagos, has dismissed a N100 million suit filed by a businessman, John Obi against the Inspector-General of Police and a limited liability company, Suntory Beverage and Food Limited, for lacking in merit.
Justice Faji, also dismissed the businessman’s request for court’s declaration that his arrest and detention between June 6 and 7, 2018, by the men of Force Criminal Investigation Department (FCID) Alagbon, Ikoyi,was unlawful, persecutory, illegal and in gross violation of his personal liberty as guarantee by Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 6 and 12 of the African Charter on Human and Peoples’ Rights (ratification and Enforcement Act (Cap. A10) laws of the federation of Nigeria, 2004.
The court declined Obi’s request for order compelling the police to pay back the sum of N6, 350, 000, million, he claimed to have been forced to paid as his bail and part of his debt settlement to the first respondent, Suntory Beverage and Food Limited.
The businessman had instituted the suit against the respondents through his lawyer, Mrs. Funmi Falana, of Falana and Falana Chambers.
In the suit, Obi alleged that he was arrested at his business place and detained without warrant by the men of IGP at the instance of the company.
However, the company through its counsel, Dipo Torhukerhijo, had told the court that it only reported the businessman to the police over a debt of over N83 million, which he failed to pay after several demands and issuance of dud cheques.
While the police through its counsel, Mr. Morufu Animashaun, in it’s counter-affidavit, denied detaining and torturing the applicant.
The police stated that the both the applicant and the second respondent were invited after receiving a petition on alleged issuance of dud cheques from the complainant.
The police stated further that there was no time the businessman was forced to pay the sum of N6 million but he voluntarily paid the money as part of his debt to the first respondent (the company).