Court Throws Out Alaba Traders’ Rights Suit Against Police

Matilda Omonaiye/

An Ikeja High Court in Lagos has dismissed a fundamental rights enforcement suit filed by two Alaba International Market traders against the Nigeria Police Force, ruling that the police acted within the bounds of the law in inviting them for questioning over alleged criminal complaints.

Delivering judgment, Justice Ismail Ijelu held that the applicants, Mr. Uchechukwu Chukwuma, popularly known as “Mayor,” and Mr. Alexander Jonah, failed to establish any breach or threat to their constitutional rights by the police.

The two traders and union leaders at the Fancy and Furniture Section of Alaba International Market, Ojo, had sued the Nigeria Police Force, the Inspector-General of Police, the Assistant Inspector-General of Police in charge of the Force Criminal Investigation Department (FCID), Alagbon, and other police officers, accusing them of harassment, intimidation and threats of arrest.

The applicants, through their counsel, Dr. Yemi Omodele, argued that repeated police invitations and phone calls disrupted their business activities and infringed on their rights to personal liberty, freedom of movement and association as guaranteed under the 1999 Constitution and the African Charter on Human and Peoples’ Rights.

They urged the court to restrain the police from further inviting, arresting or detaining them in connection with their roles in the market.

However, the respondents, represented by Mr. Morufu Ajani Animashaun, a legal officer with the FCID Annex, Alagbon-Ikoyi, opposed the suit, insisting that the police acted based on a petition alleging conspiracy, fraudulent conversion, stealing and threat to life arising from an internal market dispute.

Animashaun denied allegations of harassment and intimidation, maintaining that the applicants were only lawfully invited for questioning in a civil manner as part of ongoing investigations.

He further argued that the suit was an attempt to obstruct legitimate police investigations and urged the court to dismiss it.

In his judgment, Justice Ijelu held that the applicants failed to prove any actual or imminent violation of their rights.

The judge noted that although fundamental rights are constitutionally guaranteed, such rights are not absolute and can be lawfully restricted during criminal investigations.

According to the court, the traders were invited as material witnesses because of their leadership positions in the market where the alleged offences occurred.

“The facts disclose nothing beyond lawful investigative engagement carried out pursuant to the statutory powers of the Police,” Justice Ijelu held.

The court also found no evidence of arrest, detention, coercion or abuse of power by the police, stressing that the applicants’ claims were based largely on apprehension rather than verifiable proof.

“The court will not act on conjecture or speculative assertions. Police invitations for questioning do not, without more, amount to a breach of fundamental rights,” the judge ruled.

Justice Ijelu further held that the police could not be restrained from carrying out their statutory responsibilities based on mere allegations.

He consequently dismissed the suit for lacking merit.