Contract for supply, installation of medical equipment: Court stops Police, Afe Babalola
The order followed an ex-parte application filed and argued on behalf of the company and its directors by eminent lawyer and Senior Advocate of Nigeria, Ebun-Olu Adegbooruwa, SAN.
Specifically, Justice T. Ringim directed all the parties to
maintain the status quo ante bellum before the filing of the case in court
pending the hearing and final determination of the Motion on Notice. Sued as
respondents in the suit are the Inspector-General of Police, the Assistant
Inspector-General of Police, the Commissioner of Police, Ekiti State, the Rapid
Response Squad Ekiti State, Afe Babalola University, Ado-Ekiti and Aare Afe
Babalola, SAN.
In the suit filed on
August 8, 2022, the applicants are seeking amongst others the following reliefs
from the court:
* A declaration that the 1st – 3rd respondents are not
entitled to arrest, detain or in any other manner restrict the liberties of the
1st – 4th applicants, in flagrant violation of the 1st – 4th Applicants’
fundamental rights guaranteed under section 35 and 41 of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended) and Articles 6 and 12 of the
African Charter on Human and Peoples’ Rights (Ratification and Enforcement)
Act, CAP 10, Laws of the Federation of Nigeria, 1990.
*A declaration that the arrest and detention of the 1st and
2nd applicant on August 3, 2022, by the 1st – 3rd Respondents, their agents,
servants, officers or otherwise, in lieu or in place of Director(s) of JNC
International Limited, the 5th applicant, are unlawful, illegal and constitute
a flagrant violation of the 1st and 2nd Applicants’ fundamental rights
guaranteed under sections 35, 36, 41 and 46 (1) of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 9 & 12 of
the African Charter on Human and Peoples Rights (Ratification and Enforcement)
Act, Laws of the Federation of Nigeria, 2004 and therefore unconstitutional,
null and void.
*A declaration that the arrest and detention of the 1st and
2nd applicants from August 3, 2022, till August 6, 2022, by the 1st – 3rd
Respondents, their agents, servants, officers or otherwise constitute a
flagrant violation of the 1st and 2nd Applicants’ fundamental rights guaranteed
under sections 35, 36, 41 and 46 (1) of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended) and Articles 6, 9 & 12 of the
African Charter on Human and Peoples Rights (Ratification and Enforcement) Act,
Laws of the Federation of Nigeria, 2004 and therefore is illegal,
unconstitutional, null and void.
*A declaration that the detention, confinement and
incarceration of the 1st and 2nd Applicants from August 3, 2022 till August 6,
2022, by the 1st – 3rd Respondents, their agents, servants, privies, officers
or otherwise howsoever without bringing the 1st and 2nd Applicants before a
court of law is a clear violation of the 1st and 2nd Applicants’ fundamental
human rights guaranteed under section 34, 35, 36, 41 and 46(1) of the
Constitution of the Federal Republic of Nigeria, 1999 and Articles 6, 9 &
12 of the African Charter on Human and Peoples Rights (Ratification and
Enforcement) Act, Laws of the Federation of Nigeria, 2004, and is therefore
illegal, unconstitutional, null and void.
*A declaration that the issued invitation letter dated 26th
July 2022 by the 1st, 2nd and 3rd Respondents to the Directors of the 5th
Applicant and others subsequent, at the instance, behest and/or instigation of
the 4th – 5th Respondents, jointly or severally, in respect of commercial and/
or civil transactions/dispute between the 5th Applicant and the 4th – 5th
Respondents, constitutes a flagrant violation of the 3rd and 4th Applicants’
fundamental rights guaranteed under sections 35 and 41 of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended) and Articles 6 and 12 of the
African Charter on Human and Peoples’ Rights (Ratification and Enforcement)
Act, CAP 10, Laws of the Federation of Nigeria, 1990 and is therefore illegal,
unconstitutional, null and void.
*A declaration that the threat of further invitation, arrest
and detention of the 3rd and 4th Applicants by the 1st, 2nd and 3rd Respondents
through their agents, servants, officers or otherwise howsoever at the
instance, behest and/or instigation of the 4th – 5th respondents, in respect of
commercial and/ or civil transactions/dispute between the 5th Applicant and the
4th – 5th respondents, constitutes a flagrant violation of the 3rd and 4th
Applicants’ fundamental rights guaranteed under sections 35 and 41 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles
6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and
Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990 and is
therefore illegal, unconstitutional, null and void.
*A declaration that the 1st, 2nd and 3rd respondents are not entitled to invite and/ or arrest, detain or in any other manner restrict the liberties and freedoms of the 1st – 4th applicants on account of commercial and/ or civil transactions/dispute between the 5th applicant and the 4th – 5th respondents, in flagrant violation of the 1st – 4th Applicants’ fundamental rights guaranteed under sections 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Articles 6, 7 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP 10, Laws of the Federation of Nigeria 1990.
*A declaration that the 1st – 4th applicants are entitled to
their liberties and freedoms without let or hindrance from the Respondents, in
respect of commercial and/ or civil transactions/dispute between the 5th
Applicant and the 4th – 5th Respondents, in the exercise of the fundamental
rights of the 1st – 4th Applicants guaranteed under sections 34, 35, 36 and 41
of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and
Articles 4, 5, 6, 9 and 12 of the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria,
1990.
*A declaration that the 1st – 4th Applicants, jointly and
severally, are entitled to decline to participate in any investigative
activities, meetings, conferences, dialogues or forum convened or summoned by
the 1st – 3rd Respondents in respect of commercial and/ or civil
transactions/dispute between the 5th Applicant and the 4th – 5th Respondents,
without any threat to their lives, liberties and freedoms, in exercise of the
1st – 4th Applicants’ fundamental rights guaranteed under sections 33, 35, 36,
and 41 of the Constitution of the Federal Republic of Nigeria, 1999 and
Articles 6, 7 and 12 of the African Charter on Human and Peoples’ Rights
(Ratification and Enforcement) Act, CAP 10, Laws of the Federation of Nigeria,
1990.
*A declaration that any and all undertakings, forcefully
extracted under duress from the Applicants by the 1st -3rd Respondents at the
behest and instigation of the 4th and 5th Respondents in respect of commercial
and/ or civil transactions/dispute between the 5th Applicant and the 4th – 5th
Respondents, constitute a flagrant violation of the 1st – 4th applicants’
fundamental rights guaranteed under sections 33, 35, 36, and 41 of the
Constitution of the Federal Republic of Nigeria, 1999 and Articles 6, 7 and 12
of the African Charter on Human and Peoples’ Rights (Ratification and
Enforcement) Act, CAP 10, Laws of the Federation of Nigeria, 1990 and they are
therefore illegal, null, void and unenforceable.
*A declaration that the forceful invasion of the office and
property of the 5th Applicant situate at 30, Raymond Njoku Street, Off Awolowo
Road, Ikoyi, Lagos State on August 3, 2022 by the 1st -3rd Respondents, their
agents, servants or associates and
threat of occupation thereof and disruption of the interest of the 5th
Applicant in the property, constitutes a flagrant violation of the 5th
Applicant’s fundamental rights guaranteed under sections 43 of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended) and Articles 14 and 12 of
the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)
Act CAP 10, Laws of the Federation of Nigeria 1990 and is therefore illegal,
unconstitutional, null and void.
*A declaration that the 4th – 5th respondents, jointly and
or severally, are not entitled to set the law in motion against the Applicants,
through the use, employ and recruitment of the 1st – 3rd Respondents, their
agents, servants, officers or otherwise, to harass, intimidate or in any manner
whatsoever violate the fundamentals rights of the Applicants as guaranteed
under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
*A declaration that the constitutional and statutory duties
of the 1st – 3rd respondents do not cover or extend to intervention in
commercial/ civil transactions willingly entered into by citizens and therefore
are not entitled to forceful invasion of the premises and property of the 5th
Applicant, or to invite, arrest or detain the 1st – 4th Applicants on account
of the 5th Applicant’s civil transactions/ dispute with the 4th – 5th
Respondents.
*An injunction restraining the 1st – 3rd respondents, whether by themselves, their servants, agents, officers or otherwise howsoever from further arrest and detention of the 1st and 2nd applicants.
*An injunction restraining the 1st - 3rd respondents,
whether by themselves, their servants, agents, officers or otherwise howsoever
from compelling the 3rd and 4th applicants, either by threat of arrest, arrest,
detention or prosecution to attend any meeting, interview or honor any
invitation whatsoever in any manner hindering the full exercise of the 3rd and
4th Applicants’ personal liberties and fundamental rights as guaranteed under
Sections 35, 36 and 41 of the 1999 Constitution of the Federal Republic of
Nigeria (as amended) and Articles 6, 7 and 12 of the African Charter on Human
and Peoples’ Rights (Ratification and Enforcement) Act Laws of the Federation
of Nigeria, 2004 on account of the 5th Applicant’s civil transactions/ dispute
with the 4th – 5th respondents.
*An injunction restraining the 1st – 3rd Respondents,
whether by themselves, agents or servants or otherwise from invading the
premises and property of the 5th Applicant at 30, Raymond Njoku Street, Off
Awolowo Road, Ikoyi, Lagos State, on the behest of the 4th – 5th Respondents.
*An injunction, restraining the respondents whether by
themselves, their servants, agents, privies or otherwise howsoever, from
enforcing, executing, implementing or in any other manner deploying or giving
effect to any and all undertakings, forcefully extracted under duress from the applicants
by the 1st -3rd Respondents at the behest and instigation of the 4th and 5th respondents
in respect of commercial and/ or civil transactions/dispute between the 5th
Applicant and the 4th – 5th respondents.
*An injunction restraining the 4th – 5th respondents whether
by themselves or their agents, solicitors or otherwise howsoever from
instigating the 1st – 3rd Respondents and any law enforcement agencies in
Nigeria against the applicants in respect the 5th applicant’s civil
transactions/ dispute with the 4th – 5th respondents.
* An injunction an injunction restraining the Respondents,
whether by themselves, their servants, agents, officers or otherwise howsoever
from further violating the Fundamental Rights of the Applicants through
invitation, arrest, threat of arrest, detention, invasion of property or in any
manner whatsoever on account of the 5th applicant’s civil transactions/ dispute
with the 4th – 5th respondents.
*An injunction restraining the Respondents, whether by themselves,
their servants, agents, officers or otherwise howsoever from carrying out any
acts or omission which may result in the contravention or likely to contravene
the fundamental rights of the Applicants.
*N10billion only being general, aggravated, special and
exceptional damages against the Respondents, jointly and/ or severally for the
violation of the fundamental rights of the applicants.
*N100million only against the 4th – 5th respondents being
the cost of instituting and prosecuting this suit.
In a 74-paragraphs affidavit deposed to by the Managing Director of JNC International, Mrs Clare Omatseye, she narrated how Afe Babalola University approached the company for the supply and installation of medical equipment for the use of the College of Medicine of the University and the said equipment was imported and installed but because the university could not guarantee constant electricity supply to power it, an issue of proper maintenance arose, which the company rose up to and resolved, even at great costs to it.
She stated further that in line with the sale agreement between the parties, Aare Afe Babalola, SAN through his law firm gave notice to commence arbitration and an arbitrator was indeed appointed, however the issues were subsequently resolved and the arbitration was called off.
However, the company was shocked to receive an invitation letter from the Rapid Response Squad of the Ekiti State Police Command at the instigation of Afe Babalola University, leading to the forceful invasion of the company premises by policemen and officers of the university on August 3, 2022, in commando style, whereupon two members of the staff of the company were forcefully driven away from Lagos to Ekiti in the dead of the night.
On their way to Ekiti, the police convoy ran into armed
robbers around 2am resulting into a fierce shootout and the two members of
staff of the company were caught in the fire power and all pleas to allow them
to lodge in a hotel in Osun State were rebuffed and they were forcefully driven
to Ekiti State and kept in custody at the instigation of Afe Babalola
University and Aare Afe Babalola, SAN.
The police in Ekiti kept the members of staff of the company in custody as a ransom for the appearance of directors of the company and they were told that they would only be released upon the directives of Aare Afe Babalola, until late Saturday August 6, 2022, when they were eventually released.
The company expressed the fear that unless the court
intervenes urgently the police will still carry out its threat of invading the
office of the company and may arrest and detain its directors upon a purely
civil matter for which Aare Afe Babalola, SAN himself had previously initiated
arbitration proceedings. The applicants claimed that Aare Afe Babalola, SAN was
instigating and using policemen to torment the Applicants and to force them
into giving undertakings under duress.
The case was subsequently adjourned to August 18, 2022, for hearing of the motion on notice.
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